ovhce
etER^
EH V ^ APPROVED AS TO FORM AND LEGALITY
AUrtyfyi
Brian Mulry (Oct 29, 2021 10:15 PDT)
! CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
7 f " ■
UTM.S.ORDINANCE NO..
AN ORDINANCE, AS RECOMMENDED BY THE CITY PLANNING
COMMISSION, AMENDING THE OAKLAND PLANNING CODE TO: 1)
REVISE REGULATIONS FOR ACCESSORY DWELLING UNITS (ADUS)
AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) TO COMPLY
WITH STATE LAW; 2) AMEND THE S-9 ZONING OVERLAY ZONE
THAT IDENTIFIES AREAS IN THE CITY WHERE ADUS ARE
RESTRICTED TO ONE INTERNAL CONVERSION ADU OR JADU PER
RESIDENTIAL LOT; 3) PROVIDE AN EXCEPTION MECHANISM
FOR ALLOWINGATTACHED AND DETACHED ADUS IN THE S-9
ZONING OVERLAY ZONE; 4) PROVIDE ADDITIONAL WILDFIRE
BUILDING PROTECTIONS IN S-9 ZONING OVERLAY ZONE; 5) MAKE
CONFORMING CHANGES IN VARIOUS SECTIONS OF THE OAKLAND
PLANNING CODE RELATED TO ADUS; AND 6) MAKE APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS.
WHEREAS, housing in California is becoming increasingly unaffordable, which is a substantial concern for individuals of all demographics, ages, and income groups in communities throughout the City of Oakland; and
WHEREAS, the 2015-2023 Housing Element of the City’s General Plan specifically includes policies to encourage the construction of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), together, formerly Secondary Units, in single- family zones and recognizes these units as a source of affordable housing; and WHEREAS, the housing affordability crisis threatens the public health, safety, and/or welfare of our citizenry; and
WHEREAS, on February 16, 2016, the City Council adopted Ordinance No. 13357 C.M.S., which revised the City’s ADU regulations that were in effect at that time with the purpose of encouraging construction of more ADUs to address theCity’s housing shortages and escalating housing costs; and
WHEREAS, recognizing the severity of the housing affordability crisis, on April 18, 2017, the City Council adopted Ordinance No. 13435 C.M.S., which revised the City’s ADU regulations to comply with State law, streamlined the process of approval, and established the S- 9 Zoning Overlay.
1 WHEREAS, the City Council in 2017 adopted the S-9 Fire Safety Protection Combining Zone Map Overlay within which newly constructed detached (Category Two) ADUs are prohibited; and
WHEREAS, on January 1, 2020, and January 1, 2021 several amendments to Government Code §65852.2 and §65852.22, went into effect to encourage Statewide production of ADUs even further by developing a ministerial approval process for certain types of ADUs.
California Assembly Bills (AB) 3182 (2020), AB 68, AB 881, AB 578, AB 670, AB 671, and California State Bill (SB) 13 (collectively passed in 2019) introduced several important changes and limitations regarding how local governments can regulate ADUs. The Bureau of Planning is currently issuing permits for ADUs and JADUs under interim regulations required by State law.
These interim regulations have not yet been tailored to meet the City’s needs; and WHEREAS, changes to the California Government Code require that the City update its ADU regulations; and
WHEREAS, the City of Oakland’s Strategic Planning Division staff has prepared the following amendments to the Oakland Planning Code and Zoning Map to: (a) bring the City’s ADU regulations into full compliance with California State law; (b) reduce regulatory barriers to the development of ADUs and JADUs; (c) identify areas of the city where ADUs involving new construction, addition or conversion of existing detached accessory structures should be restricted due to impacts on traffic flow and public safety; and (d) clarify language in various Chapters of the Planning Code; and
WHEREAS, Article XI, Section 5 of the California Constitution provides that the City, as a home rule charter city, has the power to make and enforce all ordinances and regulations in respect to municipal affairs, and Article XI, Section 7, empowers the City to enact measures that protect the health, safety, and/or welfare of its residents; and WHEREAS, the City desires to further the public health, safety and/or welfare by bringing the City’s Planning Code into compliance with new State law; and WHEREAS, the portions of Oakland that are within the Very High Fire Hazard Severity Zone (VHFHSZ) include areas of the Oakland Hills that suffered from the devastating Oakland firestorm in 1991 during which 25 lives were lost, 150 people were injured, and over 3,200 homes were destroyed by fire; and
WHEREAS, California’s fire risk appears to grow each year as a result of climate change with higher temperatures and an increase in drought conditions; and WHEREAS, evolving data from recent wildfires such as the Tubbs Fire in 2017 in Santa Rosa, CA, Camp Fire in 2018 in Paradise, CA, the recent Dixie Fire across multiple Northern Californian Counties, and the Caldor Fire in South Lake Tahoe, CA this year display new extreme fire behavior not observed previously; and
WHEREAS, in Paradise, California 86 people have perished during the deadliest in Califomiahistory fire in 2018, including seven people dying in their cars in a traffic choke point because they could not escape from the fire in time.
2 WHEREAS, new software mapping and evacuation management tools like Zonehaven available to Oakland Fire Department (OFD) show that the current road and intersection capacity in VHFHSZ is not adequate for the existing population in the events of mass emergency evacuations, additional units and vehicles within the VHFHSZ will increase the evacuation problem; and
WHEREAS, the result of software analysis by OFD indicates that there is not enough time to clear intersections for people to evacuate and for emergency vehicles to access affected areas because of “choke points” that are likely to develop at key intersections during evacuations, thereby blocking the free flow of traffic throughout the VHFHSZ; and WHEREAS, streets that are less than twenty-six (26) feet wide or dead-end streets that are longer than six hundred (600) feet do not meet minimum emergency access standards as specified in Municipal Code Section 16.16.025(C)(1), and are at high risk of being blocked during emergency evacuations as well as blocking access for emergency vehicles to respond to emergencies; and
WHEREAS, a recent study by UC Berkeley re-created a hypothetical wildfire model in the Berkeley Hills and estimated that if each household took only one vehicle to evacuate, then the estimated evacuation time would be about two hours, and 245 vehicles would be exposed to immediate fire danger, concluding that the most impactful measure in reducing the time for evacuations was reducing the number of household vehicles; and WHEREAS, the recently adopted by the City Council Oakland Local Hazard Mitigation Plan points out existing vulnerable and isolated populations in VHFHSZ; and WHEREAS, recently revised draft Oakland Vegetation Management Report underscores the fact that the area within the VHFHSZ is susceptible to large-scale, high intensity, and rapidly spreading wildfires because of the VHFHSZ unique combination of topography, vegetation, prolonged droughts, winds, and other climatic conditions; and WHEREAS, on September 15, 2021, at a duly noticed public hearing, the Planning Commission recommended approval of the proposed changes to ADU regulations and miscellaneous minor changes in various Chapters of the Planning Code, including expanding the S-9 Overlay Zone; and
WHEREAS, after a duly noticed public meeting on November 30, 2021, the Community and Economic Development Committee voted to recommend the proposal to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on December 21, 2021 to consider the proposal, and all interested parties were provided an ample opportunity to participate in said hearing and express their views; and WHEREAS, the adoption of an ordinance to implement Government Code section 65852.2 and 65852.22 is exempt from CEQA under Public Resources Code section 21080.17.
Similarly, the ministerial approval of ADU applications would not be a “project” for CEQA purposes, and environmental review would not be required prior to approving individual 3 applications; and
WHEREAS, in addition, the proposed amendments to the Planning Code and Zoning Map rely on the previous set of applicable CEQA documents including: the Coliseum Area Specific Plan (2105); Broadway Valdez Specific Plan (2014); West Oakland Specific Plan (2014); Central Estuary Area Plan EIR (2013); Land Use and Transportation Element of the General Plan (1998); the Oakland Estuary Policy Plan (1998); the West Oakland, Central City East, Coliseum, and Oakland Army Base Redevelopment Areas; the 1998 Amendment to the Historic Preservation Element of the General Plan; the 2007-2014 Housing Element Final EIR (2010); and various Redevelopment Plan Final EIRs (collectively, Previous CEQA Documents). No further environmental review is requiredunder CEQA Guidelines Sections 15162 and 15163. Moreover, as a separate and independent basis, this proposal is also exempt from CEQA pursuant to CEQA Guidelines Sections 15183 (projects consistent with General Plan and Zoning) and 15061(b)(3) (general rule, no significant effect on the environment); and WHEREAS, the Previous CEQA Documents provide analysis of the environmental impacts of the proposed amendments and support all levels of approval necessary to implement the Planning Code and Zoning Map amendments; and
WHEREAS, the proposed amendments to the Planning Code and Zoning Map would not result in any significant effect that has not already been analyzed in the Previous CEQA Documents, and there will be no significant environmental effects caused by the change that have not already been analyzed in the Previous CEQA Documents; and WHEREAS, the City Council hereby finds and determines on the basis of substantial evidence in the record that none of the circumstances necessitating preparation of additional environmental review, as specified in CEQA and the CEQA Guidelines, including, without limitation, Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 are present in that (1) there are no substantial changes proposed in the project or the circumstances under which the project is undertaken that would require major revisions of the Previous CEQA Documents due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (2) there is no “new information of substantial importance,” as defined in CEQA Guidelines Section 15162(a)(3); and
WHEREAS, each as a separate and independent basis, this action is exempt from CEQA pursuant to CEQA Guidelines Sections 15183 (projects consistent with General Plan and Zoning) and 15061(b)(3) (no significant effect on the environment);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
Section I. The City Council finds and determines the foregoing recitals to be true and correct and an integral part of the City Council’s decision, and hereby adopts such recitals as findings.
Section 2. The City Council finds and determines the adoption of this Ordinance is exempt from CEQA under Public Resources Code Section 21080.17. Similarly, the ministerial 4 approval of ADU applications would not be a “project” for CEQA purposes, and environmental review would not be required prior to approving individual applications. In addition, the City Council finds and determines the adoption of this Ordinance complies with CEQA in reliance on the Previous CEQA Documents. Further, the Council finds the adoption ofthis Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15183 (projects consistent with General Plan and Zoning) and 15061(b)(3) (general rule, no significant effect on the environment). Each of these provides a separate and independent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance Section 3. The Environmental Review Officer shall file a Notice of Exemption/Notice of Determination, and an Environmental Declaration under the California Fish and Game Code (Section 711.4) with the County of Alameda.
Section 4. Title 17 of the Oakland Planning Code is hereby amended pursuant to Exhibit A attached hereto and incorporated by reference herein. Additions to Title 17 of the Oakland Planning Code are shown as underline and omissions are shown as strikethrough.
Section 5. The Oakland Zoning and Height Maps are hereby amended pursuant to Exhibit B attached hereto and incorporated by reference herein.
Section 6. This Ordinance shall be effective 30 days from the date of final passage by the City Council, but shall not apply to (a) building/construction related permits already issued and not yet expired, or (b) zoning and building applications approved by the City and not yet expired, or (c) complete zoning and building applications received by the City, with a documented confirmation from staff that all required planning and building plans have been received and that the application is complete for final review as of the date of final passage.
However, zoning applications deemed complete by the City prior to the date of final passage of this Ordinance may be processed under provisions of these Planning Code and Zoning Map amendments if the applicant chooses to do so. •
Section 7. Nothing in this Ordinance shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any Federal or State law.
Section 8. If any section, subsection, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional, the offending portion shall be severed and shall not affect the validity of the remaining portions which shall remain in full effect.
Section 9. This Ordinance serves the public interest and is necessary to protect the health, safety and/or general welfare of the citizens of Oakland and is enacted pursuant to the City of Oakland’s general police powers, Section 106 of the Charter of the City of Oakland, Government Code Section 65852.2, and Article XI, Sections 5 and 7 of the California Constitution.
Section 10. The City Council hereby authorizes the City Administrator to make non substantive, technical conforming changes (essentially correction of typographical andclerical errors), prior to formal publication of the amendments in the Oakland Planning Code. 5 Section 11. The City Clerk of the City of Oakland is hereby directed to transmit this Ordinance with Exhibits to the California Department of Housing and Community Development within sixty (60) days of adoption pursuant to Government Code Section 65852.2(h)(1).
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND —@
PRESIDENT FORTUNATO BAS
JAN 18 2022
NOES - M
ABSENT-
ABSTENTI
ATTEST:
ASH^'ffifeD
City Clerk and Clerk or the Council of the
City of Oakland, California
Date of Attestation:Introduction Date 7.
DEC il 2021
6 NOTICE AND DIGEST
AN ORDINANCE, AS RECOMMENDED BY THE CITY PLANNING
COMMISSION, AMENDING THE OAKLAND PLANNING CODE TO: 1)
REVISE REGULATIONS FOR ACCESSORY DWELLING UNITS (ADUS)
AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) TO COMPLY
WITH STATE LAW; 2) AMEND THE S-9 ZONING OVERLAY ZONE
THAT IDENTIFIES AREAS IN THE CITY WHERE ADUS ARE
RESTRICTED TO ONE INTERNAL CONVERSION ADU OR JADU PER
RESIDENTIAL LOT; 3) PROVIDE AN EXCEPTION MECHANISM
FOR ALLOWING ATTACHED AND DETACHED ADUS IN THE S-9
ZONING OVERLAY ZONE; 4) PROVIDE ADDITIONAL WILDFIRE
BUILDINGPROTECTIONS IN S-9 ZONING OVERLAY ZONE; 5) MAKE
CONFORMING CHANGES IN VARIOUS SECTIONS OF THE OAKLAND
PLANNING CODE RELATED TO ADUS; AND 6) MAKE APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS.
This Ordinance amends the Oakland Planning Code and Zoning Map to: (a) bring the City’s ADU regulations into full compliance with California State law; (b) reduce regulatory barriers to the development of ADUs and JADUs; (c) identify areas of the city where ADUs involving new construction, addition or conversion of existing detached accessory structures are not permitted due to impacts on traffic flow and public safety; and (d) clarify language in various Chapters of the Planning Code.
EXHIBIT A: Proposed Amendments to the Oakland Plan%^^^^l£^ciTy ci.ERi, ----------------------------------------& Hi PH I: If’’
PROPOSED PLANNING CODE AMENDMENTS
The following are the Planning Code amendments proposed by staff. Deletions are in strike out and additions are underlined. I
/if
Chapter 17.09 DEFINITIONS
Sections:
17.09.040 Definitions.
"Mini-lot Planned Unit Development" or “Mini-Lot PUD” means a comprehensively designed development approved pursuant to Planning Code Chapter 17.142 and containing a subdivision of lots which do not meet the minimum size or other requirements applying to individual lots in the zone where it is located.
" or “ADU” means an interior, attached or detached
accessory dwelling unit that is accessory to a proposed or existing primary Residential Facility located on the same lot as a One-Family Dwelling facility^provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation; meets the standards and criteria of Section 17.103.080 and Chapter
17.88: and conforms to one or more of the following permitted ADU types:
A. “Junior Accessory Dwelling Unit” or “JADU” means an Accessory Dwelling Unit that is contained entirely within the building envelope of an existing or proposed One-Family Residential Facility. It may include separate sanitation facilities or may share sanitation facilities with the primary Residential Facility, but must contain an efficiency kitchen. A JADU is not allowed as a conversion of detached or attached accessory structures. Owner occupancy is required in either the JADU or the primary Residential Facility. The owner of the JADU is required to record a deed restriction setting forth this requirement.
B. “One-Family Category One ADU” means an Accessory Dwelling Unit that is a conversion of space within an existing One-Family Residential Facility or an associated legally existing accessory structure, or an existing associated accessory structure that is rebuilt pursuant to the reguirements set forth in Table 17.103.01.
C. “One-Family Category Two ADU” means a newly constructed attached or detached Accessory Dwelling Unit on a lot with an existing or proposed One-Family Dwelling Residential Facility. A One-Family Category Two ADU may include an exterior addition to an existing primary One-Family Residential Facility for the purposes of accommodating the ADU.
D. “Multifamilv Category One ADU” means an Accessory Dwelling Unit that is a conversion of a legally existing, non-habitable space, such as storage rooms, boiler rooms, passageways, attics, basements, or garages located within legally existing portions of Two-Family or Multifamilv Dwelling Facilities. Non-habitable space does not include detached accessory structures, existing residential units, commercial space, community rooms, gyms, laundry rooms or any finished spaces that are meant to be occupied by people and used communally.
1 EXHIBIT A: Proposed Amendments to the Oakland Planning Code E. “Multifamilv Category Two ADU” means a newly constructed detached Accessory Dwelling Unit, or a conversion of a legally existing detached accessory structure, on a lot with existing Two-Family or Multifamilv Dwelling Facilities. A converted detached Category Two ADU(s) is either: (at within the building envelope of an existing detached accessory structure and involves no expansion of existing building envelope; or (b) within a rebuilt detached accessory structure built in the same location and to the same exterior dimension as the existing detached accessory structure(s).
F. “Multifamilv Category Three ADU” means a newly constructed ADU that is interior or attached to a primary structure, or a conversion of a legally existing attached accessory structure that is rebuilt pursuant to the reguirements set forth in Table 17,103.02, or a combination of both new construction and conversion for the purposes of creating only one ADU on the lot.
"Junior Accessory Dwelling Unit", see Accessory Dwelling Unit. "Regular Ddwelling Uunit" means any dwelling unit other than an efficiency dDwelling uUnit, Rooming Unit, or an SecendaryAccessorv Dwelling Unit. 2 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.10 USE CLASSIFICATIONS
Sections:
Article I - General Classification Rules
Article II - Activity Types
Part 1 - Residential Activity Types
Article III - Facility Types
Part 1 - Residential Facility Types
Article I General Classification Rules
17.10.060 Listing of facility classifications.
17.10.060 Listing of facility classifications.
All facilities are classified into the following facility types, which are described in Section Article III of this Chapter. (See Section 17.10.080 for classification of combinations of facilities resembling different types.) The names of these facility types start with capital letters throughout the zoning regulations.
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit
Article II Activity Types
Part 1 Residential Activity Types
17.10.125 Bed and Breakfast Residential Activities.
17.10.125 Bed and Breakfast Residential Activities.
A. The activity occupies a One-Family Dwelling Residential Facility, One-Family Dwelling with Secondary Unit Residential Facility, or a Two-Family Dwelling Residential Facility; Article III Facility Types
Part 1 Residential Facility Types
17.10.640 One-Family Dwelling Residential Facilities.
17.10.650 One-Family Dwelling with Secondary Unit Residential Facilities.
17.10.670 Two-Family Dwelling Residential Facilities.
17.10.680 Multifamily Dwelling Residential Facilities.
17.10.690 Rooming Flouse Residential Facilities.
3 EXHIBIT A: Proposed Amendments to the Oakland Planning Code
17.10.640 One-Family Dwelling Residential Facilities.
One-Family Dwelling Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and each of which contains one Regular Dwelling Unit on a parcel, along with any Accessory Dwelling Units that may be permitted as set forth in Section 17.103.080 and Chapter 17.88. One-Family Dwelling Residential Facilities also include manufactured homes, as defined in Health and Safety Code Section 18007, and mobile homes, as defined in Health and Safety Code Section 18008.
They also include certain facilities accessory to the above, as specified in Section 17.10.070.
17.10.650 One-Family Dwelling with Secondary Unit Residential Facilities.
One-Family Dwelling with Secondary Unit Residential Facilities include permanently fixed buildings, or-those portions thereof, which accommodate or are intended to accommodate Residential-Activities, which contains one primary dwelling unit and one Secondary Unit. They also include certain facilities aeeessory to the above, as specified in Section 17.10.070.
17.10.670 Two-Family Dwelling Residential Facilities.
Two-Family Dwelling Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and each of which contains two (2) Regular Dwelling Units or Efficiency Dwelling Units on a parcel, along with any Accessory Dwelling Units that may be permitted as set forth in Section 17,103.080 and Chapter 17,88. ; but excludethe One-Family Dwelling with Secondary Unit Residential Facilities described in Section 17.10.650. They also include certain facilities accessory to the above, as specified in Section 17.10.070.
17.10.680 Multifamily Dwelling Residential Facilities.
Multifamily Dwelling Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and each of which contains three (3) or more Regular Dwelling Units or Efficiency Dwelling Units on a parcel, along with any Accessory Dwelling Units that may be permitted as set forth in Section
17.103.080 and Chapter 17.88. They also include certain facilities accessory to the above, as specified in Section 17.10.070.
4 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.13 RH HILLSIDE RESIDENTIAL ZONES REGULATIONS Sections:
17.13.040 Permitted and conditionally permitted facilities.
17.13.050 Property development standards.
17.13.040 Permitted and conditionally permitted facilities.
Table 17.13.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
RegulationsRH-1 RH-2 RH-3 RH-4
Residential Facilities
One-Family Dwelling P(L1) P(LD P{L1)p 17.103.080
One-Family Dwelling with Secondary Unit PP P P 17.103.080
17.103.080Two-Family Dwelling -(LI)-(LI) -(LI) -(LI)
Multifamily Dwelling -(LD-(LI) -(LI)
-m
17.103.080
Telecommunications Facilities
Monopole Telecommunications C(L24)C(L24) C(L24) C(L24) 17.128 Limitations on Table 17.13.02:
L1. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
L2.L4t Monopole Telecommunications Facilities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the CUP criteria contained in Section 17.134.050, the proposal must meet the following use permit criterion:
§4. There is no existing structure that can accommodate the proposed antenna.
To meet this criterion, the applicant must provide a site alternative plan that demonstrates that there is no existing structure that can accommodate the antenna.
17.13.050 Property development standards.
A. Zone Specific Standards. Table 17.13.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table."—" indicates that a standard is not required in the specified zone.
Table 17.13.03: Property Development Standards
5 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Development Standards Zones Additional
RegulationsRH-1 RH-2 RH-3 RH-4
Minimum Lot Dimensions
1 primary dwelling unit per lotMaximum Density 4
Minimum Setbacks
Minimum front (S20%
street-to-setback gradient)
25 ft. 20 ft.25 ft. 20 ft. 4J5, 6, 48.17
Minimum front (>20%
street-to-setback gradient)
5 ft. 5 ft.5 ft. 5 ft. 4^5, 6, 7, 48
17 6 ft./15% 6 ft./15%Minimum interior side
<20% footprint slope
6 ft./10% 5 ft. 4j_8, 9, 48JJ7
6 ft./15% 6 ft,/15% 6 ft./10%Minimum interior side
>20% footprint slope
5 ft./10% 4^8, 9, 48.17
6 ft.Minimum street side 6 ft. 6 ft. 4^5, 10, 48J75 ft. 35 ft. 25 ft.Rear 35 ft. 20 ft. 4j_7, 10, 11
4817
Maximum Lot Coverage
and Floor Area Ratio
(FAR)
See Table 17.13.04
Height Regulations for All Lots with a Footprint Slope of <20% Maximum wall height
primary building
25 ft. 25 ft. 4J3, 1425 ft. 25 ft.
Maximum pitched roof
height primary building
30 ft. 30 ft. 30 ft. 4J3, 1430 ft.
Maximum height for
accessory structures
15 ft. 15 ft.15 ft. 15 ft. 4J3, 14
Height Regulations for
all Lots with a Footprint
Slope of >20%
See Table 17.13.05 for Height regulations for all
lots with a footprint slope of >20%
4 Maximum Wall Length
Before Articulation
Required
40 ft. 40 ft.40 ft. 40 ft. 4J5
See Chapter 17.116 for automobile parking and
Chapter 17.117 for bicycle parking requirements
Minimum Parking 4J6r47
Additional Regulations for Table 17.13.03:
4. See Section 17.103.080 and Chapter 17.88 for development standards applicable to permitted Accessory Dwelling Units. A Secondary Unit may be permitted when there is no more .than one (4)-Primary Unit on-a-lot, subject to the provisions of Section-17.103.080. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. 6 EXHIBIT A: Proposed Amendments to the Oakland Planning Code 47^—Unless otherwise specified in Section 17.103.080, one (1) parking space for the Secondary Unit is required in addition to any-required-parking spaces for-the Primary Unit. Additional parking regulations that apply to Secondary Units-are provided in Section 17.103.080. 4iM7. See Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.
17.13.060 Special regulations for Planned Unit Developments.
Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the RH zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations. 7 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.15 RD DETACHED UNIT RESIDENTIAL ZONES REGULATIONS Sections:
17.15.040 Permitted and conditionally permitted facilities.
17.15.050 Property development standards.
17.15.060 Special regulations for Mini-Lot and Planned Unit Developments.
17.15.040 Permitted and conditionally permitted facilities.
Table 17.15.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
RegulationsRD-1 RD-2
Residential Facilities
One-Family Dwelling P[L1} P(LD 17.103,080
One-Family Dwelling with Secondary Unit R R 17.103.080
Two-Family Dwelling —(L1) C(L1) 17.103.080
Multifamily Dwelling —Ml -M 17.103.080
Limitations on Table 17.15.02:
L1. See Section 17,103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also. sSee Table 17.15.03, Property Development Standards, for additional regulations on the thts-conditionallv permitted density in the RD-2 Zone.
17.15.050 Property development standards.
A. Zone Specific Standards.
Table 17.15.03: Property Development Standards
I Development
[Standards
Zones Additional
RegulationsRD-1 RD-2
Maximum Density
Permitted density 1 primary dwelling unit per 1 primary dwelling unit per lot 3,4 lot
2 units on lots 6,000 sL or
greater
Conditionally
permitted density
N/A 3, 5
Minimum Setbacks
Minimum front (<20%
street-to-setback
gradient)
20 ft. 20 ft. 6, 24_20
8 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Development
Standards
Zones Additional
RegulationsRD-1 RD-2
5 ft.Minimum front (>20%
street-to-setback
gradient)
5 ft. 6, 7, 8,24
20 Minimum interior side
<20% footprint slope
5 ft. 5 ft. 9, 10, 24_20
Minimum interior side
>20% footprint slope
5 ft./10% 5 ft. 9, 10, 11,
24 20
Minimum street side 5 ft. 5 ft. 8,.9, 12,24
20 Rear 20 ft. 15 ft. 9, 13, 14,
24 20
Reduced Setbacks for
Smaller Lots
See Table 17.15.04 for reduced setbacks for smaller lots 24 20 Floor Area Ratio
(FAR) and Lot
Coverage
See Table 17.15.05
Minimum Parking See Chapter 17.116 for automobile parking and Chapter
17.117 for bicycle parking requirements
3J8r4S
Minimum Open Space
Group open space
per Primary Unit
N/A 300 sf 2019
N/AGroup open space
per Primary Unit when
private open space
substituted
2019100 sf
Additional Regulations for Table 17.15.03:
3. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens fora primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.
4. See Section 17,103.080 and Chapter 17,88 for development standards applicable to permitted Accessory Dwelling Units. A Secondary Unit may be permitted when there is no more than one (1) Primary Unit on a lot, subject to the provisions of Section 17.103.080. 4£4—Unless otherwise-specified in Section 17.103.080, one (1) parking space for the Secondary Unit is required in addition to any required parking spaces for the Primary-Unit. Additional parking regulations that apply to Secondary Units are provided in Section 17.1034)80. 2Qt19. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement, except that actual group space shall be provided in the minimum amount of one hundred (100) square feet per dwelling unit. All usable open space shall meet the standards contained in Chapter 17.126. 9 EXHIBIT A: Proposed Amendments to the Oakland Planning Code £4t20. See Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.
17.15.060 Special regulations for Mini-Lot_and _Planned Unit Developments.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs). certain regulations that otherwise apply to individual lots in the RD_^l-Zones may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the RD Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
10 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.17 RM MIXED HOUSING TYPE RESIDENTIAL ZONES REGULATIONS Sections:
17.17.040 Permitted and conditionally permitted facilities.
17.17.050 Property development standards.
17.17.060 Special regulations for Mini-Lot and Planned Unit Developments,
17.17.040 Permitted and conditionally permitted facilities.
Table 17.17.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
Regulations
RM-4 C*RM-1 RM-3RM-2
Residential Facilities
One-Family Dwelling P(L1) P(L1) p(liv P(L11 P{L1) 17.103.080 One-Family Dwelling with
Secondary Unit
P PP P P 4-7-.-103.080
17.103.080Two-Family Dwelling C(L1) P(L1) P(L1)P(L1) Same as underlying
zone
Multifamily Dwelling —(LD C(L1) C(L1) P(L1) Same as
underlying
zone
17,103.080
Limitations on Table 17.17.02:
* If a base zone (RM-1, RM-2, RM-3, or RM-4) also has the C Combining Zone, the C regulations supersede the base zone.
L1. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also, sSee Table 17.17.03, Property Development Standards, for additional regulations on tbis-density.
17.17.050 Property development standards.
A. Zone Specific Standards.
11 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Table 17.17.03: Property Development Standards
Development
Standards
Zones Additional
RegulationsRM-1 RM-2 RM-3 RM-4
i
Feet
4, 5, 7, 20Minimum front
(<20% street-to-
setback
gradient)
20 ft. 20 ft. 15 ft. 15 ft.
Minimum front
(>20% street-to-
setback
gradient)
5 ft. 5 ft. 5 ft. 5 ft. 4, 5, 6, 7, 20
Floor Area
Ratio (FAR)
and Lot
Coverage for 1
or 2 Units
See Table 17.17.05 for FAR and maximum FAR and lot
coverage for one4 or two2 dwelling units, excluding any permitted Accessory Dwelling Units
19, 21
Maximum Lot
Coverage for 3
or More Units
N/A 40% 50% N/A 19, 21
Height Regulations for All Lots with a Footprint Slope of <20% Maximum wall
height primary
building
25 ft.25 ft. 30 ft. 35 ft. 12, 13, 14
Maximum
pitched roof
height primary
building
30 ft.30 ft. 30 ft. 35 ft. 12, 13, 14
Minimum
height of ground
15 ft. 15 ft. 15 ft. 15 ft. 22
floor
Nonresidential
Facilities
Height
Regulations for
all Lots with a
Footprint Slope
of > 20%
See Table 17.17.06 for Height regulations for all lots with a footprint slope of >20%
Maximum Wall
Length Before
Articulation
Required for all
Lots with a
40 ft. 40 ft. 40 ft. 40 ft. 15
12 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Development
Standards
Zones Additional
RegulationsRM-1 RM-2 RM-3 RM-4
Footprint Slope
of > 20%
Minimum
Parking
See Chapter 17.116 for automobile parking and Chapter
17.117 for bicycle parking requirements
16, 17
Minimum Open Space
Group open
space per
Rregular Uunit
300 sf. 300 sf. 200 sf. 175 sf. 184#
Group open
space per
Rfegular Uunit
when private
open space
substituted
100 sf. 100 sf. 85 sf. 70 sf. 184#
Additional Regulations for Table 17.17.03:
2. See Chapter 17.107 for affordable and senior housing incentives^ and Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. A Secondary Unit may be permitted when there is no more than one (1) Primary Unit on-a lot, subject-to the provisions of Section 17.103.080. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.
17. In the RM-2 Zone, when the lot is less than-four thousand {A ,000) square feet in size of4orty- five (-15) feet in width, only one (4)-parking space is required per unit. For the RM-2 Zone-4n-the West Oakland District only (defined for the purposes of this Chapter as all areas between Interstate 980 to the east, Interstate 880 to the-south and west, and Interstate 580 to the north), the minimum parking requirement-shall be only one (1) space per unit regardless of lot size or width-
17,4gr Unless otherwise specified in Sectien-4 7.103.080, one (1) parking space for the Sesondary Unit is-required in addition to any required parking-spaces for the Primary Unit. See Section 17.103.080 for aAdditional parking regulations that apply to SecondaryAccessory Dwelling Units, are-provided in Section 17.103.080.
18.4#r Usable open space is only reguired on lots with two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unitA excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17.126.
19. This regulation does not apply in the C Combining Zone.
20. See Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.
21. Lots less than five thousand (5,000) sguare feet may have a lot coverage of up to two thousand (2.OOP1) sguare feet regardless of lot coverage percentage (%) listed. 13 EXHIBIT A: Proposed Amendments to the Oakland Planning Code
22. This height is only required for new principal buildings that include ground floor Nonresidential Facilities, and is measured from the sidewalk grade to the second story floor. If the Nonresidential Facility is to be located to the front of a Potentially Designated Historic Property (PDHP) or Designated Historic Property (DHPt, this height shall also be the maximum allowed for a Nonresidential Facility in the area between the front property line and the front building elevation of the existing historic structure.
C. Floor Area Ratio (FAR) and Lot Coverage for One- and Two-Family Dwelling Units Only.
Table 17.17.05 below prescribes FAR and lot coverage standards for one or two dwelling units associated with the lot sizes listed, excluding any permitted Accessory Dwelling Units.
The numbers in the "Additional Regulations" column refer to the regulations listed at the end of the Table.
Table 17.17.05 Floor Area Ratio (FAR) and Lot Coverage Regulations for One- and Two- Family Dwelling Units Only
Additional Regulations for Table 17.17.05:
1. Maximum Floor Area Ratio (FAR) only applies to lots that have a footprint slope of greater than twenty percent (20%).
with a minimum of two thousand (2,000) square feet of floor area, regardless of FAR listed.
17.17.060 Special regulations for Mini-Lot and Planned Unit Developments.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-lot PUDs), certain regulations that otherwise apply to individual lots in the RM Zones may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the RM Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
14 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.19 RU URBAN RESIDENTIAL ZONES REGULATIONS
Sections:
17.19.030 Permitted and conditionally permitted activities.
17.19.040 Permitted and conditionally permitted facilities.
17.19-050 Property development standards.
17.19.060 Special regulations for Mini-Lot and Planned Unit Developments.
17.19.040 Permitted and conditionally permitted facilities.
Table 17.19.02: Permitted and Conditionally Permitted Facilities Facilities Zones Addition
alRU-1 RU- RU-3 RU-4 RU-5 Regulati2
ons
Residential Facilities
One-Family Dwelling P(L1) pa pau -ai) 17.103.0
D (L1) 80
One-Family Dwelling with-Secondary Unit a4)p- 17.403.0R R 60 Two-Family Dwelling P(LD pa pan pau paii 17.103.0
li 80
P(LMultifamily Dwelling paii pan pan paii 17.103.0
li 80
Limitations on Table 17.19.02:
L1. See Section 17.103.080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units. Also applicable are the provisions of See-Chapter 17:114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that —I+n the RU-4 and RU-5 Zones, Accessory Dwelling Units are a-Secondary U-nit is permitted when there is an existing One-Family Dwelling on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88.
17.19.050 Property development standards.
A. Zone Specific Standards.
Table 17.19.03: Property Development Standards
. 15
EXHIBIT A: Proposed Amendments to the Oakland Planning Code Development
Standards
Zones Additional
RegulationsRU-1 RU-2 RU-3 RU-4 RU-5
Maximum Residential Density
Permitted density
for Regular Dwelling
Units
1 unit per
1,100 sf.
of lot area
1 unit per
800 sf. of
lot area
1 unit per
450 sf. of
lot area
See Table
17.19.04 See Table
17.19.04 2
Permitted density for
Rooming Units
N/A See Table
17.19.04 1 unit per
800 sf. of
lot area
1 unit per
450 sf. of
lot area
See Table
17.19.04 Height Regulations
Minimum height of
ground floor
Nonresidential
Facilities
N/A N/A N/A 15 ft. 42-ftr 15 ft. 42-ftr 12
Additional Regulations for Table 17.19.03:
2. See Chapter 17.107 for affordable and senior housing incentives. See Section 17,103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. A-Secondarv Unit may be permitted-when there is no more than ono (1)-Primary Unit on a lot, subject to the provisions of Section 47.103.080. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.
17. Unless otherwise specified in Section 17.403.080, one (1) parking space for the-Secondary Unit is required in addition to any required parking spaces for the Primary Unit. See Section afe-provided in Section 17.103.080.
19. Usable open space is only required on lots with two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unit excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17-126.
B. Height, Floor Area Ratio (FAR), Density, and Open Space for the RU-4 and RU-5 Zones Only.
Table 17.19.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations for the RU-4 and RU-5 Zones Only
Regulation Height Area Additional
Regulations35 45 60 75 90 120
Maximum Height 35 ft. 45 ft. 60 ft. 75 ft. 90 ft. 120 ft. 1,2 Height Minimum
Maximum Residential Density (square feet of lot area required per dwelling unit) 16 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Regulation Height Area Additional
Regulations35 60 45 75 90 120
Regular Dwelling Units
Maximum-Residential Density
(square feet of lot area
required per unit)
550 450 375 275 225 sf. 225 sf. 4,5
sf. Sfv sf. sf.
Rooming Units 550 450 sf 375 275 225 sf. 225 sf. 4. 5
sf. sf. sf.
Maximum Nonresidential
FAR
2.0 3.02.5 4.0 4.0 4.0 4,5
Minimum Usable Open Space
Group usable open space
per Regular Unit
150 150 150 100 sf.150 100 sf. 6
sf. sf. sf. sf.
30 sf.Group usable open space
per Regular Unit when private
open space substituted
30 sf. 30 sf. 30 sf. 20 sf. 20 sf. 6
Group usable open space
per Rooming Unit
75 sf. 75 sf. 75 sf.75 sf. 50 sf. 50 sf. 6
Group usable open space
per Rooming Unit when
private open space is
substituted
15 sf. 15 sf. 15 sf.15 sf. 10 sf. 10 sf. 6
Additional Regulations for Table 17.19.04:
4. See Chapter 17.107 for affordable and senior housing incentives. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. A Secondary U-nit may be permitted when there is no more-than one (1) Primary Unit on a lot, subject to the provisions-of Section 17.103.080. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of-_Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.
6. Usable open space is only reguired on lots with two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unit^ excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17.126.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-lot PUDs), certain regulations that apply to individual lots in the RU Zones may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes 17 EXHIBIT A: Proposed Amendments to the Oakland Planning Code specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the RU Zones, and certain of the other regulations applying in said zone may be waived or modified, the normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
18 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.30 R-80 HIGH-RISE APARTMENT RESIDENTIAL ZONE REGULATIONS Sections:
17.30.070 Permitted facilities.
17.30.090 Special regulations applying to certain Ceommercial Aactivities.
17.30.100 Performance standards for Ceommercial Aactivities.
17.30.110 Use permit criteria for Ceommercial Aactivities.
17.30.140 Maximum residential density.
17.30.180 Minimum usable open space.
17.30.200 Special regulations for Mini-Lot_ Developments, Planned Unit Developments7 and Ltarge-Sscale Ddevelopments.
17.30.070 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, are permitted,.
See Section 17,103.080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling-with Secondary UniL-subjeet to the-provisions specified in Section 1-7.1034380
Two-Family Dwelling
Multifamily Dwelling
17.30.140 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section
17.102.300 with respect to dwelling units with five (5) or more bedrooms. No Residential Facility shall be permitted to have both an additional kitchen as provided for in Section 17,102.270 and a Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary residential structure. No Residential Facility shall be permitted to have-both an additional kitehen as-provided for—in Subsection 17.1Q2.270.B and an Accessory Dwelling Secondary Unit.
A. Permitted Density.
1. Regular Dwelling Units. One (1) Regular Dwelling Unit is permitted for each three hundred (300) square feet of lot area, provided that one (1) extra such unit is permitted if a remainder of two hundred (200) square feet or more is obtained after division of the lot area by three hundred (300) square feet. See Section 17.103,080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units.
One-Family Dwelling. A One-Family Dwelling or a One-Family Dwelling with Secondary Unit is permitted on any lot which qualifies under Section 17.106.010 as
5. 19
EXHIBIT A: Proposed Amendments to the Oakland Planning Code an existing buildable parcel and that contains no other dwelling units. See Section
17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
17.30.180 Minimum usable open space.
On each lot containing Residential Facilities with a total of two (2) or more dwelling tiviro units, excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of one hundred fifty (150) square feet per Regular Dwelling Unit plus seventy-five (75) square feet per Rooming Unit or Efficiency Dwelling Unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126.
17.30.200 Special regulations for Mini-Lot Developments, Planned Unit Developmentsy and Ltarge-Sscale Developments.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments CMini-Lot PUDs). certain of the regulations otherwise applying to individual lots in the R-80 Zone may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the R-80 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any-future changes within the Planned Unit Development shall be subject to applicable design review regulations.
C. Large-Scale Developments. No development which involves more than one hundred thousand (100,000) square feet of new floor area, ora new building or portion thereof of more than one hundred twenty (120) feet in height, shall be permitted except upon the granting of a Ceonditional Uwse Ppermit pursuant to the Coonditional Uuse Ppermit procedure in Chapter
17.134. This requirement shall not apply to developments where a valid Pplanned Uunit Ddevelopment permit is in effect.
20 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.33 CN NEIGHBORHOOD CENTER COMMERCIAL ZONES REGULATIONS Sections:
17.33.040 Permitted and conditionally permitted facilities.
17.33.050 Property development standards.
17.33.060 Special regulations for Mini-Lot and Planned Unit Developments.
17.33.040 Permitted and conditionally permitted facilities.
Table 17.33.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
RegulationsCN-2 CN-3CN-1 CN-4
Residential Facilities
One-Family Dwelling -(H)—(H) —(L1) —(L1) 17.103.080
{L4)One-Family Dwelling with {L4) {L4) 17.103.080
P(kD(L3)Two-Family. Dwelling P(LD(L2) P(LD(L2) P(L1) 17.103.080 Multifamily Dwelling P(L1)(L2) P(L1)(L2) P(LD(L3) P(L1) 17.103.080 Limitations on Table 17.33.02:
L1. See Section 17.103.080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units. Also applicable are the provisions of See-Chapter 17.114 — Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, thatv Accessory Dwelling Units are permitted when there is an existing One-Family Dwelling on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88. A Secondary Unit is-permitted when there is an existing One-Family Dwelling on a loty-subject to the provisions of Section 17.103.080.
17.33.050 Property development standards.
Table 17.33.03: Property Development Standards
Development Standards Zones Additional
RegulationsCN-1 CN-4CN-2 CN-3
Design Regulations
65%Minimum ground floef
nonrosidential facade transparency
for ground floor Nonresidential
65% 65% N/A 9
Facilities
21 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Development Standards Zones Additional
RegulationsCN-1 CN-2 CN-3 CN-4
Minimum height of ground floor
Nonresidential Facilities
15 ft. 15 ft. 42 15 ft. 42 15 ft. 42 10
ft.ft. ft. ft.
Minimum required parking See Chapter 17.116 for automobile parking and Chapter 17.117 for bicycle
parking requirements
14 Additional Regulations for Table 17.33.03:
9. This percentage of transparency is only required for principal buildings that include ground floor Nonresidential Facilities, and only applies to the facade facing the principal street. The regulations only apply to facades located within twenty (20) feet of a street frontage. The area of required transparency is between two (2) feet and nine (9) feet in height of the ground floor and must be comprised of clear, nonreflective windows that allow views out of indoor activity commercial spaceT residential space, or lobbies (see Illustration for Table 17.33.03 [Additional Regulation 9], below). Areas required for garage doors shall not be included in the calculation of facade area (see Additional Regulation Nete-12 for limitations on the location of parking access).
Glass block does not qualify as a transparent window. Exceptions to this regulation may be allowed by the Planning Director for unique facilities such as convention centers, gymnasiums, parks, gas stations, theaters and other similar facilities.
10. This height is only required for new principal buildings that include ground floor Nonresidential Facilities, and is measured from the sidewalk grade to the second story floor- ground floer-ceiling.
13. For the new construction of principal buildings in the CN-1, CN-2, and CN-3 Zones, ground level parking spaces, locker areas, mechanical rooms, and other non-active spaces shall not be located within thirty (30) feet of from the front of the principal building^ except for incidental entrances to such activities elsewhere in the building. Exceptions to this regulation may be permitted by the Planning Director for utilities and trash enclosures that cannot be feasibly placed in other locations of the building. Driveways, garage entrances, or other access to parking and loading facilities may be located on the ground floor of this area as regulated by Additional Regulation Nete-12. above.
14. Unless otherwise specified in Section 17.403.080, one (1) parking space for the Secondary Unit is required in addition to any required parking spaces for the Primary Unit.-See Section
17.103.080 for aAdditional parking regulations that apply to SecondarvAccessorv Dwelling Units. are provided in Section 17.103.080.
B. Height, Floor Area Ratio (FAR), Density, and Open Space.
Table 17.33.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations Regulation Height Area Additional
Regulations35 35* 45 60 75 90
Maximum Residential Density (square feet of lot area required per dwelling unit) Regular Dwelling Units 550 Same density
regulations as
450 375 275 225 4, 5, 6
22 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Regulation Height Area Additional
Regulations35* 4535 60 9075
abutting RH,
RD, or RM Zone
Rooming Units Same density
regulations as
abutting RH,
RD, or RM Zone
275 225 185 135 110 4, 5, 6
Usable Open Space (square feet per residential unit)
Group usable open space per
Regular Dwelling Unit
150 Same open
space
regulations as
abutting RH,
RD, or RM Zone
150 150 150 100 6,7
Group usable open space per
Regular Dwelling Unit when
private open space substituted
Same open
space
regulations as
abutting RH,
RD, or RM Zone
30 30 30 30 20 6,7
Group usable open space per
Rooming Unit
Same open
space
regulations as
abutting RH,
RD, or RM Zone
75 75 75 50 6,775
Group usable open space per
Rooming Unit when private
open space is substituted
Same open
space
regulations as
abutting RH,
RD, or RM Zone
1515 15 15 10 6,7
Additional Regulations for Table 17.33.04:
4. See Chapter 17.107 for affordable and senior housing incentives. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. A Secondary Unit may be permitted when there is no more than one (1) Primary Unit on a lot, subject to the provisions of Section 17.103.080. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.
6. In the 35* height area, residential developments are subject to the same residential density and open space regulations as the adjacent RH, RD, or RM Zone, except that One-Family Dwellings, along with one or more Accessory Dwelling Units as specified in Section 17,103.080, are permitted in the 35* height area regardless of the residential density regulations in the adjacent Zone (see also Table 17.33.02). When there is more than one of these abutting zones, then the regulations of the zone allowing the greatest density shall apply.
7. Usable open space is only reguired on lots with two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units. Each one (1) square foot of private usable open space 23 EXHIBIT A: Proposed Amendments to the Oakland Planning Code equals two (2) square feet towards the total usable open space requirement, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unitA excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17.126.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs), certain regulations that apply to individual lots in the CN Zones may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the CN Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
24 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.35 CC COMMUNITY COMMERCIAL ZONES REGULATIONS Sections:
17.35.040 Permitted and conditionally permitted facilities.
17.35.050 Property development standards.
17.35.060 Special regulations for Mini-Lot and Planned Unit Developments.
17.35.040 Permitted and conditionally permitted facilities.
Table 17.35.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
RegulationsCC-1 CC-2 CC-3
Residential Facilities
One-Family Dwelling -(L1) -0-1) —(L1)(L7) 17.103.080
One-Family Dwelling with Secendary-Unit -0=4» -17.103,080 Two-Family Dwelling P(L2)(L8) P(L3)(L8) —(L1)(L7) 17.103.080 Multifamily Dwelling P(L2){L8) P(L3)(L8) —(LD(L7) 17.103.080 Limitations on Table 17.35.02:
L1. See Chapter 17.114 — Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities., provided, however, that Accessory Dwelling Units are permitted in the CC-1 and CC-2 Zones when there is an existing applicable Residential Facility on a lot, subject to the provisions of Section 17.103,080 and Chapter 17.88. A Seeondafy Unit-is permitted when there is an existing One-Family Dwelling on a lot, subject to the provisions -ef Section 17.103.080.
L2. Construction of new ground floor Residential Facilities is only permitted if part of a development that has a majority of the ground floor area is-devoted to Ceommercial Aactivities.
L7. All new Residential Facilities are prohibited in the CC-3 Zone, except for Secondary Units that meet all-requirements setforth in Section 17.103.080 and are located on a lot with an existing One-Family Dwelling, as indicated in Limitation L1 above, and for those facilities approved in conjunction with sewma-a permitted or conditionally permitted Emergency Shelter Activity, as indicated in Table 17.35.01.
L8. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
17.35.050 Property development standards.
A. Zone Specific Standards.
Table 17.35.03: Property Development Standards
25 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Development Standards Zones Additional
RegulationsCC-1 CC-2 CC-3
Design Regulations
Minimum ground-floor nonresidential
facade transparency of ground floor
Nonresidential Facilities
N/A 55% N/A 9
Minimum height of ground floor
Nonresidential Facilities
15 ft. N/A 15 ft. 42-ftr 15 ft. N/A 10
Additional Regulations for Table 17.35.03:
9. This percentage of transparency is only required for principal buildings that include ground floor Nonresidential Facilities, and only applies to facades facing the principal street. The regulations only apply to facades located within twenty (20) feet of a street frontage. The area of required transparency is between two (2) feet and nine (9) feet in height of the ground floor and must be comprised of clear, non-reflective windows that allow views out of indoor activity commercial space_i-Fesidential space, or lobbies (see Illustration for Table 17.35.03 [Additional Regulation 9], below). Areas required for garage doors shall not be included in the calculation of facade area (see Additional Regulation Nete-12 for limitations on the location of parking access).
Glass block does not qualify as a transparent window. Exceptions to this regulation may be allowed by the Planning Director for unique facilities such as convention centers, gymnasiums, parks, gas stations, theaters and other similar facilities.
10. This height is only required for new principal buildings with ground floor Nonresidential Facilities located within twenty (20) feet of the principal street: and is measured from the sidewalk grade to the second story floor, frontage and is measured from the sidewalk grade to the around floor ceiling.
12. For the construction of new principal buildings in the CC-2 Zone, ground level parking spaces, locker areas, mechanical rooms, and other non-active spaces shall not be located within thirty (30) feet of the principal street frontage, except for incidental entrances to such activities elsewhere in the building. Exceptions to this regulation may be permitted by the Planning Director for non-active spaces that cannot be feasibly placed in other locations of the building. Driveways, garage entrances, or other access to parking and loading facilities may be located on the ground floor of this area as regulated by Additional Regulation Nete-11, above.
13. Unless otherwise specified in Section 17.103.080, one (-1) parking space for the Secondary Unit-is- required in addition to any required parking spaces for the Primar-v Unit. See Section
17.103.080 for aAdditional parking regulations that apply to SecondarvAccessorv Dwelling Units. are provided in Section 17.103.080.
£_B. Height, Floor Area Ratio (FAR), Density, and Open Space.
Table 17.35.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations Regulation Height Area Additional
Regulations
35 45 55 60 75 90 120 160
Maximum Height 35 ft. 55 ft.45 ft. 60 ft. 75 ft. 90 120 160 1,2 ft. ft.ft.
26 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Regulation Height Area Additional
Regulations35 45 55 60 120 16075 90
Height Minimum
Permitted height minimum N/A N/A 35 ft. 35 ft.35 ft. 35 35 35 3 ft. ft. ft.
Conditionally permitted height
minimum
N/A N/A 25 ft. 25 ft. 25 ft. 2525 25 3
ft. ft. ft.
Maximum Residential Density (square feet of lot area required per dwelling unit) Regular Dwelling Units 550 450 375 375 275 225 225 225 4, 5 Rooming Units 185275 225 185 135 110 110 110 4, 5
Efficiency Dwelling Units 185275 225 185 135 110 110 110 4, 5 Maximum Nonresidential
FAR
3.02.0 2.5 3.0 4.0 4.5 5.0 5.0 4, 5
Maximum number of stories
(not including underground
construction)
3 114 5 5 7 8 15
Minimum Usable Open Space
Group usable open space per
Regular Dwelling Unit
150 150 150 150 100150 100 100 6
Group usable open space per
Regular Dwelling Unit when
private open space substituted
3030 30 30 30 20 20 20 6
Group usable open space per
Rooming Unit
75 5075 75 75 75 50 50 6
Group usable open space per
Rooming Unit when private
open space is substituted
15 15 15 15 15 1010 10 6
Additional Regulations for Table 17.35.04:
4. See Chapter 17.107 for affordable and senior housing incentives. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. A Secondary Unit may be permitted when there is no more than one (1) Primary Unit on a lot, subject to the provisions of Section 17.103.080. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a- dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.
6. Usable open space is only required on lots with two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unit± excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17.126.
' 27
EXHIBIT A: Proposed Amendments to the Oakland Planning Code
17.35.060 Special regulations for Mini-Lot and Planned Unit Developments.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs), certain regulations that apply to individual lots in the CC Zones may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD1 regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the CC Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
28 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.37 CR REGIONAL COMMERCIAL ZONES REGULATIONS
Sections:
17.37.030 Permitted and conditionally permitted activities.
17.37.040 Permitted and conditionally permitted facilities.
17.37.050 Property development standards.
17.37.060 Special regulations for Mini-Lot and Planned Unit Developments.
17.37.030 Permitted and conditionally permitted activities.
Table 17.37.01: Permitted and Conditionally Permitted Activities Activities Zone Additional
RegulationsCR-1
Residential Activities
Residential Care
Emergency Shelter C(L1) 17.103.010
Semi-Transient
cm
Limitations on Table 17.37.01:
L1. No Residential Care or Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any Residential Care Residential Activity or other sueh-Emerqencv Shelter Residential Activity or Facility. See Section 17.103.010 for other regulations regarding these Activities.
17.37.040 Permitted and conditionally permitted facilities.
Table 17.37.02: Permitted and Conditionally Permitted Facilities Facilities Zone Additional
RegulationsCR-1
Residential Facilities
One-Family Dwelling (L1)(L3) 17.103.080
One-Family Dwelling with Secondary Unit
m
Two-Family Dwelling —(L1)(L3) 17.103.080
Multifamily Dwelling —(L1)(L3) 17.103.080
—(L1)(L3)Rooming House
Limitations on foi^Table 17.37.02:
29 EXHIBIT A: Proposed Amendments to the Oakland Planning Code See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities.
L3. All new Residential Facilities are prohibited in the CR-1 Zone, except for those facilities approved in conjunction with a conditionally permitted Emergency Shelter or Semi-Transient Residential Activity, as indicated in Table 17.37,01.
L1.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs). certain regulations that apply to individual lots in the CR Zones may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUDj regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the CR Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
30 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.54 C-40 COMMUNITY THOROUGHFARE COMMERCIAL ZONE REGULATIONS Sections:
17.54.070 Permitted facilities.
17.54.130 Maximum residential density.
17.54.170 Minimum usable open space.
17.54.190 Special regulations for Mtei-Lot and Planned Unit Developments.
17.54.070 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, are permitted..
See Section 17,103.080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subject-to the-provisiens specified-in Section
17.103.080
Two-Family Dwelling
Multifamily Dwelling
Rooming House
Vehicular
17.54.130 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section
17.102.300 with respect to dwelling units with five (5) or more bedrooms. No Residential Facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270 and a Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary residential structure. No Residential Facility shall be permitted to have-both-an additional kitchen as provided for in Section 17.102.270.B and an Accessory Dwelling Secondary UniL
A. Permitted Density.
1. Regular Dwelling Units. One (1) Regular Dwelling Unit is permitted for each four hundred fifty (450) square feet of lot area, provided that one extra such unit is permitted if a remainder of three hundred (300) square feet or more is obtained after division of the lot area by four hundred fifty (450) square feet. See Section 17,103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
5. One-Family Dwelling. A One-Family Dwelling or a One-Family Dwelling with Secondary Unit-is permitted on any lot which qualifies under Section 17.106.010 as an existing buildable parcel and that contains no other dwelling units. See Section 31 EXHIBIT A: Proposed Amendments to the Oakland Planning Code
17.103.080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units.
17.54.170 Minimum usable open space.
On each lot containing Residential Facilities with a total of two or more dwelling living-units, excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of one hundred fifty (150) square feet per Regular Dwelling Unit, plus seventy-five (75) square feet per Rooming Unit or Efficiency Dwelling Unit.
Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020, except that actual group space shall be. provided in the minimum amount of thirty (30) square feet per Regular Dwelling Unit, plus fifteen (15) square feet per Rooming Unit or Efficiency Dwelling Unit. All required space shall conform to the standards for required usable open space in Chapter 17.126.
17.54.190 Special regulations for Mini-Lot and Planned Unit Developments.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs). certain of the regulations otherwise applying to individual lots in the C-40 Zone may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the C-40 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
32 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.56 C-45 COMMUNITY SHOPPING COMMERCIAL ZONE REGULATIONS Sections:
17.56.070 Permitted facilities.
17.56.140 Maximum residential density.
17.56.180 Minimum usable open space.
17.56.070 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, are permitted.
See Section 17.103.080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling-with-Secondary Unit, subject to the provisions specified in Section
17.103.080
Two-Family Dwelling
Multifamily Dwelling
17.56.140 Maximum residential density.
A. Permitted Density.
1. Regular Dwelling Units. One (1) Regular Dwelling Unit is permitted for each three hundred (300) square feet of lot area, provided that one (1) extra such unit is permitted if a remainder of two hundred (200) square feet or more is obtained after division of the lot area by three hundred (300) square feet. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
3. Rooming Units. One (1) Rooming Unit is permitted for each one hundred fifty (150) square feet of lot area, provided that one extra such unit is permitted if a remainder of one hundred (100) square feet or more is obtained after division of the lot area by one hundred fifty (150) square feet.
5. One-Family Dwelling. A One-Family Dwelling ef- a-Orte-Family Dwelling with Secondary Unit is permitted on any lot which qualifies under Section 17.106.010 as an existing buildable parcel and that contains no other dwelling units. See Section 17,103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
B. Conditionally Permitted Density. The number of living units permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter
17.134, in each of the following situations:
1. In the case of a Residential Facility with more than four (4) stories containing living units, subject to the provisions of Section 17.106.040; 33 EXHIBIT A: Proposed Amendments to the Oakland Planning Code
2. Upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.
The number of living units may also be increased, as prescribed in Section 17.106.060, in certain special housing.
17.56.180 Minimum usable open space.
On each lot containing Residential Facilities with a total of two or more dwelling living-units. excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of one hundred fifty (150) square feet per Regular Dwelling Unit, plus seventy-five (75) square feet per Rooming Unit or Efficiency Dwelling Unit.
Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs). certain of the regulations otherwise applying to,individual lots in the C-45 Zone may be waived or modified when and as prescribed in Section 17.102.320.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the C-45 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
34 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.58 CBD CENTRAL BUSINESS DISTRICT ZONES REGULATIONS Sections:
17.58.050 Permitted and conditionally permitted facilities.
17.58.070 Usable open space standards.
17.58.050 Permitted and conditionally permitted facilities.
Table 17.58.02: Permitted and Conditionally Permitted Facilities Activities Zones Additional
RegulationsCBD-CBD- CBD- CBD-X
CR P
Residential Facilities
One-Family Dwelling -0-1) -(L1) -(L1) -(L1) 17.103.080
One-Family-Dwelling with Secondary
Unit
■0=4) 0=4) 0=4) 0=4) 17.103.080
Two-Family Dwelling P(L1) —(L1)
-m
—0-1) 17.103.080
Multifamily Dwelling P(LD P(L1) P(L1) P(LD 17,103.080
Limitations on Table 17.58.02:
L1. See Section 17.103.080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units. See also Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted when there is an existing applicable Residential Facility on a lot, subject to the provisions of Section 17,103.080 and Chapter 17,88. ^A-Secendary Unit is permitted when there is an existing One-Family Dwelling on a lot, subject to the provisions of-Section 17.103.080.
17.58.060 Property development standards.
A. Zone Specific Standards.
Table 17.58.03: Property Development Standards
Development Standards Zones Additional
RegulationsCBD- CBD- CBD- CBD-
R P C X
Design Regulations
Minimum Ground floor commercial facade
transparency of ground floor Nonresidential
Facilities
55% 65% 55% 55% 6
Minimum height of ground floor Nonresidential
Facilities
15 ft. 15 ft.15 ft. . 15 ft. 7
35 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Additional Regulations for Table 17.58.03:
7. This height is required for new principal buildings that include around floor Nonresidential Facilities, and is measured from the sidewalk grade to the second story floor.
17.58.070 Usable open space standards.
C. Standards. All required usable open space shall be permanently maintained and shall conform to the following standards:
1. Area. On each lot containing Residential Facilities with a total of two or more dwelling living units, excluding any permitted Accessory Dwelling Units, usable open space shall be provided for such facilities at a rate of seventy-five (75) square feet per Regular Dwelling Unit and thirty-eight (38) square feet per Rooming Unit.
2. Size and Shape. An area of contiguous space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than the dimensions shown in the following table:
Table 17.58.05: Required Dimensions of Usable Open Space Notes for Table 17.58.05:
36 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.65 HBX HOUSING AND BUSINESS MIX COMMERCIAL ZONES REGULATIONS Sections:
17.65.030 Permitted, conditionally permitted, and prohibited activities.
17.65.040 Permitted and conditionally permitted facilities.
17.65.070 Maximum density.
17.65.120 Minimum usable open space.
17.65.130 Landscaping, paving, and buffering.
17.65.170 Special regulations for Mini-Lot and Planned Unit Developments.
17.65.030 Permitted, conditionally permitted, and prohibited activities.
The following table lists the permitted, conditionally permitted, and prohibited activities in the HBX Zones. The descriptions of these activities are contained in Chapter 17.10. A legally constructed facility shall be allowed to contain or be converted to contain any activities listed as permitted in the table below if they meet all applicable regulations.
Table 17.65.01: Permitted. Conditionally Permitted, and Prohibited Activities Activity Regulations Additional
RegulationHBX-1 HBX-2 HBX-3 HBX-4
s
Limitations on Table 17.65.01:
17.65.040 Permitted and conditionally permitted facilities.
Table 17.65.02: Permitted and Conditionally Permitted Facilities Facility Types Zones Additional
RegulationsHBX- HBX-2 HBX-3 HBX-4
1 Residential Facilities
P(L4) P(L3)(L4) P(L3)(L4) C(L3)[L4)One-Family
Dwellings
17.103.080
ROne-Family
Dwelling with
R R G 17^463.080
P(L4) P(L4) PM) CM)Two-Family
Dwelling
17.103.080
37 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Facility Types Additional
Regulations
Zones
HBX-2HBX- HBX-3 HBX-4
Multifamily
Dwelling
P(L41 P(L41 P(L4) CM) 17.103.080
Limitation on Table 17.65.02:
L3. In the HBX-2, HBX-3, and HBX-4 Zones, new construction on a vacant lot that is greater than five thousand (5,000) square feet shall only result in a total of one (1) unit on the lot upon the granting of a Ceonditional Uuse Ppermit (see Chapter 17.134 for the CUP procedure).
However. tThis requirement does -shall not apply to the expansion of the floor area or other alteration of an existing Smqte-One-Family Dwelling.
L4. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
17.65.070 Maximum density.
The following table contains the maximum number of living units allowed per lot for the zones in this Chapter.
Living Unit
Type
Zone
HBX-2HBX-1 HBX-3 HBX-4
Notes:
1. See (4-)-Section 17.103.080 for regulations regarding permitted SecondarvAccessory Dwelling Units; (2)-Chapter 17.107 for affordable housing density incentives; and (3)-Section 17.106.060 for increased density for senior housing.
17.65.120 Minimum usable open space.
The following table contains the minimum usable open space requirements per dwelling unit for the zones in this Chapter.
Zone
HBX-2HBX-1 HBX-3 HBX-4
Notes:
Usable open space is only required on lots with two (2) or more dwelling units, excluding and not required for a One-Family Dwelling with-Secondaryanv permitted Accessory Dwelling Units. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement. All usable open space shall meet the standards contained in Chapter 17.126, except that group usable open space may be located anywhere on the lot. 38 EXHIBIT A: Proposed Amendments to the Oakland Planning Code
17.65.130 Landscaping, paving, and buffering.
A. Submittal and approval of a landscaping and buffering plan for the entire site is required for the establishment of a new building facility (see Section 17.09.040 for definition), excluding Dwelling Units, and for additions to existing building
facilities of over five hundred (500) square feet.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs). certain regulations otherwise applying to individual lots in the HBX Zones may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments in the HBX Zones shall be subject to the Planned Unit Development (PUDf regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the HBX Zones, and certain of the other regulations applying in said zones may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
39 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.72 M-20, M-30, AND M-40 INDUSTRIAL ZONES REGULATIONS Sections:
17.72.040 Permitted and conditionally permitted facilities.
17.72.060 Special Regulations for Mini-Let-and Planned Unit Developments.
17.72.040 Permitted and conditionally permitted facilities.
Table 17.72.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
RegulationsM-20 M-30 M-40
Residential Facilities
One-Family Dwelling —(L4) 17.103.015
One-Family Dwelling with Secondary Unit {L4) 17.103.080 Two-Family Dwelling —(L4) 17.103.015
Multifamily Dwelling —(L4) 17.103.015
Mini-lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs), certain regulations that apply to individual lots in the M-20, M-30, and M-40 Zones may be waived or modified when and as prescribed in Chapter 17.142.
Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the M-20, M-30, and M-40 Zones, and certain of the other regulations applying in said zone may be waived or modified.
The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
A.
B.
40 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.74 S-1 MEDICAL CENTER COMMERCIAL ZONE REGULATIONS Sections:
17.74.050 Permitted facilities.
17.74.120 Maximum residential density.
17.74.160 Minimum usable open space.
17.74.180 Special regulations for Mini-Lot and Planned Unit Developments.
17.74.050 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, are permitted..
See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling-with Secondary Unit, subject to the provisions specified in-Section
17.103.080
Two-Family Dwelling
Multifamily Dwelling
17.74.120 Maximum residential density.
A. Permitted Density.
5. One-Family Dwelling. A One-Family Dwelling or a One-Family Dwelling with Secondary Unit is permitted on any lot which qualifies under Section 17.106.010 as an existing buildable parcel and that contains no other dwelling units. See Section
17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
17.74.160 Minimum usable open space.
On each lot containing Residential Facilities with a total of two or more dwelling tivtng-units. excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of one hundred fifty (150) square feet per Regular Dwelling Unit, plus seventy-five (75) square feet per Rooming Unit or Efficiency Dwelling Unit.
Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs). certain of the regulations otherwise applying to individual lots in the S-1 Zone may be waived or modified when and as prescribed in Chapter 17.142. 41 EXHIBIT A: Proposed Amendments to the Oakland Planning Code B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUDj regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the S-1 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
42 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.76 S-2 CIVIC CENTER COMMERCIAL ZONE REGULATIONS Sections:
17.76.070 Permitted facilities.
17.76.140 Maximum residential density.
17.76.180 Minimum usable open space.
17.76.070 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, are permitted..
See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with-Secondary Uniti-subject-to the previsions specified in Section 1^-103.080
Two-Family Dwelling
Multifamily Dwelling
17.76.140 Maximum residential density.
A. Permitted Density.
5. One-Family Dwelling. A One-Family Dwelling or a One-Family Dwelling with Secondary Unit is permitted on any lot which qualifies under Section 17.106.010 as an existing buildable parcel and that contains no other dwelling units. See Section
17.103,080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
17.76.180 Minimum usable open space.
On each lot containing Residential Facilities with a total of two (2) or more dwelling Mro units, excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of one hundred fifty (150) square feet per Regular Dwelling Unit, plus seventy-five (75) square feet per Rooming Unit or Efficiency Dwelling Unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126.
and large-scale developments.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs), certain of the regulations otherwise applying to individual lots in the S-2 Zone may be waived or modified when and as prescribed in Chapter 17.142. 43 EXHIBIT A: Proposed Amendments to the Oakland Planning Code B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the S-2 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
C. Large-Scale Developments. No development which involves more than one hundred thousand (100,000) square feet of new floor area, or a new building or portion thereof of more than one hundred twenty (120) feet in height, shall be permitted except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.
This requirement shall not apply to development where a valid Planned Unit Development permit is in effect.
44 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.88 S-9 FIRE SAFETY PROTECTION COMBINING ZONE REGULATIONS Sections:
17.88.010 Title, Purpose and Applicability.
17.88.020 DefinitionsFindinqs.
17.88.030 Zones with which the S-9 Zone may be combinedDefinitions.
17.88.040 Prohibited-land usesZones with which the S-9 Zone may be combined.
17.88.050 Prohibited land uses.
17.88.010 Title, Purpose and Applicability.
The intent of the S-9 Fire Safety Protection Combining Zone is to promote the public health, safety and welfare by ensuring that activities and facilities that are located, in whole or part, within or adjacent to Very High Fire Hazard Severity Zones (VHFHSZs) as designated by the California Department of Forestry and Fire Protection (CAL FIRE), and accessed from streets that are less than twenty-six (26) feet in width at any point or cul-de-sacs that do not meet emergency access standards, develop in such a manner as not to be a serious threat to public health or safety.
S-9 Fire Safety Protection Combining Zone is mapped using the following criteria:
A. Lots located, in whole or part, within or adjacent to VHFHSZs and one of the following criteria is met:
B, The lot is accessed by streets connecting the lot to the nearest arterial street (as designated by the City of Oakland General Plan Land Use and Transportation Element) with a pavement width of less than twenty-six (261 feet at any point: or C. Where a lot is located on a dead-end street that has a total length of six hundred (600) feet or longer from the nearest intersection. For the purposes of this Subsection, the total length of a dead-end street shall be the distance from the intersection with the nearest through street to the farthest opposite end of the street right-of-way, or private access easement (as defined by Section 16.32,010 of the Oakland Municipal Code) if the shared access facilitv/private access easement is connected to said dead-end street.
17.88.020 DefinitionsFindinqs.
For the purposes of this regulatien-the following definitions apply:
A^—Very High-Fire Hazard Severity-Zones. Very High Fire Hazard Severity Zones are identified by the California Department of Forestry-and Fire Protection (CAL FIRE) within Local Responsibility Areas (LRA), including the City of Oakland. Mapping of Very High Fire Hazard Severity Zones (VHFHSZ) is based on data and models of potential fuels over a given time horizon and their associated expected fire behavior and burn probabilities to quantify the likelihood of vegetation fire exposure to buildings.
A. Portions of Oakland that are within the VHFHSZ include areas of Oakland Hills that suffered from the devastating Oakland firestorm in 1991, B, California’s fire risk appears to grow each year as a result of the climate change with higher temperatures and an increase in drought conditions. 45 EXHIBIT A: Proposed Amendments to the Oakland Planning Code C. Evolving data from recent wildfires display new extreme fire behavior not observed by the OFD previously,
D. During recent wildfires in California people perished in their cars on blocked roads because they could not escape in time.
E. New mapping and evacuation software management tools available to Oakland Fire Department (OFD’) show that current road and intersection capacity in VHFFISZ is not adequate for the existing population in the events of mass emergency evacuations, additional units and vehicles within the VFIFFISZ will increase the evacuation problem.
F. OFD indicates that roads within VFIFFISZ are likely to develop “choke points” during emergency evacuations, thereby blocking the free flow of traffic throughout the VHFFISZ.
G. Physical dimensions of streets (width and cul-de-sac length) along with the number of vehicles in VFIFFISZ are the two largest factors during emergency evacuations that contribute to developing of the “choke points.”
H. Streets that are less than twenty-six (26) feet wide or dead-end streets that are longer than six hundred (600’) feet do not meet minimum emergency access standards as specified in Municipal Code Section 16.16.025(C)(1), and are at high risk of being blocked during emergency evacuations as well as blocking access for emergency vehicles to respond to emergencies.
I. Oakland Local Hazard Mitigation Plan points out existing vulnerable and isolated populations in VFIFFISZ areas.
J. Oakland Vegetation Management Report underscores the fact that the area within the VFIFFISZ is susceptible to large-scale, high intensity, and rapidly spreading wildfires because of the VFIFFISZ unique combination of topography, vegetation, prolonged droughts, winds, and other climatic conditions.
The S-9 Zone -may be combined with any other zone.
For the purposes of this regulation, the following definitions apply.
A. Very High Fire Hazard Severity Zones. Very High Fire Flazard Severity Zones are identified by the California Department of Forestry and Fire Protection (CAL FIRE) within Local Responsibility Areas (LRA), including the City of Oakland. Mapping of Very High Fire Flazard Severity Zones (VFIFFISZ) is based on data and models of potential fuels over a given time horizon and their associated expected fire behavior and burn probabilities to quantify the likelihood of vegetation fire exposure to buildings.
17.88.040 Prohibited land usesZones with which the S-9 Zone may be combined.
The following land use activities or facilities are prohibited within the S-9 Fire Safety Protection Combining Zone:
A^—Category Two Secondary Units, as defined in Section 17.103.080.
The S-9 Zone may be combined with any other zone.
46 EXHIBIT A: Proposed Amendments to the Oakland Planning Code
17.88.0450 Prohibited land uses.
The following land use activities or facilities are prohibited within the S-9 Fire Safety Protection Combining Zone:
A. Category Two SecondarvThe following Accessory Dwelling Units (ADUs) as defined in Sections 17.09.040 and 17.103.080:
1. One Family and Multifamilv Category One Accessory Dwelling Units that are conversions of space outside the envelope of an existing Residential Facility:
2. More than one Multifamilv Category One Accessory Dwelling Unit that is within the existing envelope of an existing Residential Facility per lot:
3. One Family and Multifamilv Category Two Accessory Dwelling Units:
4. Multifamilv Category Three Accessory Dwelling Units.
B. Except for one (1) ADU specified in 1,2, or 3 above is allowed in lieu of a Category One interior ADU if the following conditions are met:
1. At least one (1) additional off-street parking space is created on the lot for the ADU in addition to any regularly reguired off-street parking spaces for the primary Residential Facility. Also, any lost parking spaces must be replaced on the lot: or 2, Approved application for Reasonable Accommodation Reguest pursuant to Chapter 17.131 due to a disability of an ADU occupant or a need to accommodate a live-in caregiver for a person with disability. The Reasonable Accommodation Reguest must include a reason for the exception. No additional ADU parking is reguired. but any lost parking spaces must be replaced elsewhere on the lot. 47 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.92 S-11 SITE DEVELOPMENT AND DESIGN REVIEW COMBINING ZONE
REGULATIONS
Sections:
17.92.060 Limitations on residential density.
17.92.060 Limitations on residential density.
A. Overall Density. The maximum overall number of dwelling units within any development shall be whichever of the following is applicable and lowest:
1. The number of dwelling units implied by the applicable basic zone's minimum lot area requirement, and defined in the same manner as prescribed in Subsection A. of Section
17.142.110 and the first three sentences of Subsection B. of Section 17.142.110.
2. In the case of those properties for which the Site Development Map of the North Oakland Hill Area Specific Plan depicts siting of dwelling units, the number of dwelling units indicated by that map.
3. In the . case of those properties where dwelling units are not shown on the Site Development Map of the North Oakland Hill Area Specific Plan, the lowest number of dwelling units derived from:
a. Dividing the street frontage of the property by the minimum lot width mean requirement in the respective Residential Zone; and
b. Counting the number of legally platted lots within the proposed development area; and
c. Analyzing the project under the Regular Ddesign Rreview process to affirm or lower the maximum theoretical density pursuant to Sections 17.92.030 and 17.92.050.
One through three above shall not be deemed to preclude such additional Zone as may be approved in accordance with
the standards, criteria and conditions in Section 17.103.080 and Chapter 17,88. 48 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.97 S-15 TRANSIT-ORIENTED DEVELOPMENT COMMERCIAL ZONES
REGULATIONS
Sections:
17.97.050 Permitted and conditionally permitted facilities.
17.97.070 Height, floor area ratio (FAR), density, and open space.
17.97.050 Permitted and conditionally permitted facilities.
Table 17.97.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
RegulationsS-15 S-15W
Residential Facilities
One-Family Dwelling —(L2)—('L21G 17.103.080
One-Family Dwelling with Secondary
Unit
17.103.080
Two-Family Dwelling C(L3) C(L3) 17.103.080
Multifamily Dwelling P(L3) P(L3) 17.103.080
Limitations on Table 17.97.02:
L1. No Conditional Use Permit (CUP) is required for Open Nonresidential Facilities to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.
L2. See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted when there is an existing primary Residential Facility on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88.
L3. See Section 17,103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. A Secondary Unit that meets all requirements set forth in-Section 17-103.080 is permitted-in conjunction with an existing One-Family Dwelling in the S-15-and S-15W-Zones, or conditionally permitted in conjunction with-a new One-Family Dwelling in the S-15 Zone.
17.97.070 Height, floor area ratio (FAR), density, and open space.
Table 17.97,04 17.97.01 below prescribes height, FAR, density, and open space standards associated with the S-15 and S-15W Height Areas described in the Zoning Maps. The number designations in the "Additional Regulations” column refer to regulations below the table. "N/A" designates the regulation is not applicable to the specified Height Area.
Table 17.97.04-17.97.01 Height. Floor Area Ratio (FAR), Density, and Open Space Regulations
49 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Additional Regulations for Table 17.97.0417.97.01:
1. The maximum height within ten (10) feet of the front property line is either the height limit on the subject lot shown in the above table or the height maximum for the height area of the parcel directly across the principal street, whatever is less (see Illustration for Table 17.97.0417.97.01 [Additional Regulation 1], below).
Illustration for Table 17,97.04 17.97.01 [Additional Regulation 1] *for illustration purposes only
2. Buildings shall have a thirty (30) foot maximum height at the setback line associated with any rear or interior side lot line that abut a lot in an RH, RD, or RM Zone; this maximum height shall increase one (1) foot for every foot of distance away from this setback line (see Illustration for Table 17.97.04 17.35rQ4 [Additional Regulation 2], below). Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.
Illustration Table 17.97.04 47^04-rAdditional Regulation 21 *for illustration purposes only
4. See Chapter 17.107 for affordable and senior housing incentives, andr Section 17,103.080 for regulations regarding permitted Accessory Dwelling Units. A Secondary Unit may be permitted when there is no more than one (1) Primary Unit on a-tet?-subject to the provisions of Section
17.40^7080. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of-Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.
6. Usable open space is only required on lots with two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unit,. excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17.126.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDsT certain regulations that apply to individual lots in the S-15 Zones may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the S-15 Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
50 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.99 S-17 DOWNTOWN RESIDENTIAL OPEN SPACE COMBINING ZONE
REGULATIONS
Sections:
17.99.050 Usable open space standards for residential development.
17.99.050 Usable open space standards for residential development.
All required usable open space shall be permanently maintained and shall conform to the following standards:
A. Area. On each lot containing Residential Facilities with a total of two (2) or more dwelling living units, excluding any permitted Accessory Dwelling Units, usable open space shall be provided for such facilities at a rate of seventy-five (75) square feet per Regular jJunit, and
thirty-eight (38) square feet per Rfooming Uunit.
51 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.101C D-BV BROADWAY VALDEZ DISTRICT COMMERCIAL ZONES
REGULATIONS
Sections:
17.101C.050 - Property development standards.
17.101C.040 - Permitted and conditionally permitted facilities.
Table 17.101C.02: Permitted and Conditionally Permitted Facilities Combini
ng Zone* Regulatio
AdditionalZones
Facilities
nsD-BV-2 D-BV-3 D-BV-4D-BV-1 N
Residential Facilities
One-Family Dwelling -0-1)-0-1) -0-1) -(L1) -0-1) 17.103.080 One-Family-Dwelling with ■0=4)0=4) 0=4) 0=4) 0=4) 17.103.080
17.103.080—(H) -(L1) -0-1) P(L3)(U (L1)Two-Family Dwelling 1)
C(L2)(LiMultifamily Dwelling • P(L3)(J_1 P(L4)(L1 P(L11) P(L5)(J_1 17,103.080 1) 11 1) D
Limitations on Table 17.101C.02:
L1. See Chapter 17.114 — Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted when there is an existing primary Residential Facility on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88. A Secondary- Unit is permitted when there is an existing One-Family Dwelling on a lot, subject to-the provisions-of Section 17.103.080.
L11. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
17.101C.050 - Property development standards.
A. Zone Specific Standards.
Table 17.101C.03: Property Development Standards
Development Standards Zones Combining
Zone*
Additional
Regulations
D-BV-1 D-BV-2 D-BV-3 D-BV-4 N
Design Regulations
52 EXHIBIT A: Proposed Amendments to the Oakland Planning Code j Development Standards Zones Combining
Zone*
Additional
Regulations
D-BV-1 D-BV-2 D-BV-4D-BV-3 N
Minimum height of ground
floor Nonresidential
Facilities
15 ft. 15 ft. 15 ft. 15 ft. 1115 ft.
Additional Regulations for Table 17.101C.03:
11. This height is required for new principal buildings that include ground floor Nonresidential Facilities, and is measured from the sidewalk grade to the second story floor.
Height, Floor Area Ratio (FAR), Density, and Open Space.
Table 17.101C.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations B.
Regulation Height Area Additional
Regulations
45* 6545 85 85/135 135 135/200 250
Maximum Residential Density (square feet of lot area required per dwelling unit)
Regular Dwelling
Units
N/A 275/200 200/150450 375 200 90 3, 5, 6275
100 100/75Rooming Units N/A 135/100225 185 135 3, 5, 645 Additional Regulations for Table 17.101C.04:
5. See Chapter 17.107 for affordable and senior housing incentives. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. A Secondary Unit may be permitted when there is no more than one (1) Primafy-Unit on a lot,-subject to the provisions of Section 17.103.080. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.
13. For the new construction of principal buildings in the D-BV-1, D-BV-2, D-BV-3 Zone, and N Combining Zone, ground level parking spaces, locker areas, mechanical rooms, and other non active spaces shall not be located within thirty (30) feet otfrem-the front of the principal building,, except for incidental entrances to such activities elsewhere in the building. Exceptions to this regulation may be permitted by the Planning Director for utilities and trash enclosures that cannot be feasibly placed in other locations of the building. Driveways, garage entrances, or other access to parking and loading facilities may be located on the ground floor of this area as regulated by Additional Regulation Nete-12, above.
D. Retail Priority Sites: Height, Floor Area Ratio (FAR), Residential Bonus, and Open Space. Table 17.101C.06 below prescribes height, FAR, residential bonus, and open space, standards associated with the minimum retail area required in the Retail Priority Sites described in Table 17.101 C.05 above. The number designations in the "Additional Regulations" column refer to regulations below the table. "N/A" designates the regulation is not applicable to the specified retail percentage category. 53 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Table 17.101C.06: Retail Priority Sites: Height, Floor Area Ratio (FAR), Residential Bonus, and Open Space
Additional Regulations for Table 17.101C.06:
3. See Chapter 17.107 for affordable and senior housing incentives. See Section 17.103.080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units.
Unit may be permitted when there is no-more than one (1) Primary Unit on a lot, subject to the provisions of. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the. provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.
17.101C.060 - Special regulations for Mini-Lot and Planned Unit Developments.
A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs), certain regulations that apply to individual lots in the D-BV Zones may be waived or modified when and as prescribed in Section 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the D-BV Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
54 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.101D D-KP KAISER PERMANENTE OAKLAND MEDICAL CENTER DISTRICT
ZONES REGULATIONS
Sections:
17.101D.040 Permitted and conditionally permitted facilities.
17.101D.040 Permitted and conditionally permitted facilities.
Table 17.101 D.02 Permitted and Conditionally Permitted Facilities Facility Types Zones Additional
RegulationsD- D-KP-2 D-KP-3
KP-1
Residential Facilities
One-Family Dwelling P(L3] P(L3] P (L3) 17.103.080
One-Family Dwelling with Secondary Unit P P 17.103.080
P(L3)Two-Family Dwelling P(L3) P(L3) 17.103.080
Multifamily Dwelling P(L3) P(L3) P(L3) 17,103.080
Limitations on Table 17.101D.02:
L1. No new or expanded Fast-Food Restaurants with Drive-Through Nonresidential Facilities shall be located closer than five hundred (500) feet of an elementary school, park, or playground.
See Sections 17.103.030 and 17.103.100 for further regulations regarding Drive-Through Nonresidential Facilities.
No Conditional Use Permit (CUP) is required for Open Nonresidential Facilities toL2. accommodate Civic Activities, seasonal sales, or special events.
L3. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
55 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.101E D-CE CENTRAL ESTUARY DISTRICT ZONES REGULATIONS Sections:
17.101E.040 Permitted and conditionally permitted facilities. .
17.101E.050 Property development standards.
17.101E.040 Permitted and conditionally permitted facilities.
Table 17.101E.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
RegulationsD-CE- D-CE-2 D-CE-3 D-CE-4 D-CE-5 D-CE-6
1 Residential Facilities
One-Family Dwelling -0-1) P(L5) -0-1)—(L1) —(L1) —(L1) 17.103.080 {L4) ■(L4)A4) P 0=4) ■0=4) 17.103.080
Secondary Unit
Two-Family Dwelling (L1) P(L5) —(L1)—(L1) -(L1) —(L1) 17.103.080 Multifamily Dwelling -0-1) P(L5) —(L1)—(H) P(L5) —(L1) 17.103.080 Limitations on Table 17.101E.02:
L1. See Chapter 17.114 - Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted in the D-CE-4 Zone when there is an existing primary Residential Facility on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88. A Secondary Unit is.permitted when there-is an existing-Qne-Family Dwelling on a lot, subject to the provisions of Section
17.103.080.
L5. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
17.101E.050 Property development standards.
A. Zone Specific Standards.
Table 17.101E.03 Property Development Standards
Development
Standards
Additional
Regulations
Zones
D-CE- D-CE- D-CE-3 D-CE-4 D- D-
2 CE-5 CE-61
Additional Regulations for Table 17.101E.03:
3. In the D-CE-3 and D-CE-4 Zones, see Section 17.108.080 for the required interior side and rear yard setbacks on a lot containing two (2) or more dwelling living-units, excluding any permitted 56 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Accessory Dwelling Units, and opposite a legally required living room window. Wherever a rear lot line abuts an alley, one-half (14) of the right-of-way width of the alley may be counted toward the required minimum rear setback; provided however, that the portion of the minimum rear setback actually on the lot itself shall not be so reduced to less than ten (10) feet. Also, see Section 17.108.130 for allowed projections into setbacks.
9. In the D-CE-3 and D-CE-4 Zones, see Chapter 17.107 and Section 17.106.060 for affordable and senior housing incentives. See Section 17,103.080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units. A Secondary Unit may be permitted when there is no more than one (1-)-Primary Unit on a lot, subject to the provisions of Section 17.103.080. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. In the D-CE-3 Zone, new construction on a vacant lot that is greater than five thousand (5,000) square feet shall only result in a total of one (1) unit on the lot upon the granting of a Ceonditional Utrse Ppermit (see Chapter 17.134 for the Ceonditional Utrse Ppermit process). This requirement does not apply to the expansion of the floor area or other
11. In the D-CE-3 and D-CE-4 Zones, usable open space is not required for Work/Live, and is only required on lots with two (2) or more Residential or Live/Work units, excluding any permitted Accessory Dwelling Units, or more, and not reguired for a One-Family Dwelling with Secondary Unft^Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement. All usable open space shall meet the standards contained in Chapter 17.126, except that group usable open space may be located anywhere on the lot, provided the Frontage Type design guidelines are followed (see Section 4.1 of the "Design Guidelines for the Central Estuary").
13. Any new principal residential building or addition overfive hundred (500) square feet requires submittal and approval of a landscaping and buffering plan for the entire site, excluding any permitted Accessory Dwelling Secondary Units. The landscaping and buffering plan shall contain the following:
19. Unless otherwise specified in Section 17.103.080,-one (1) parking space for the Secondary Unit is required in addition to any required parking spaces for the Primary Unit. See Section 17,103.080 for aAdditional parking regulations that apply to SecondarvAccessorv Dwelling Units. aro provided in Section 17.103.080.
A. Mini-lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs), certain regulations that apply to individual lots in the D-CE-3 and D-CE-4 Zones may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the D-CE-3 and D-CE-4 Zones, and certain of the other regulations applying in said zone may be waived or modified.
The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
57 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.101F D-GI GATEWAY DISTRICT INDUSTRIAL ZONE REGULATIONS Sections:
17.101 F.040 Permitted and conditionally permitted facilities.
17.101F.040 Permitted and conditionally permitted facilities.
Table 17.101F.02: Permitted and Conditionally Permitted Facilities Facilities Zone Additional
RegulationsD-GI
Residential Facilities
One-Family Dwelling
One-Family Dwelling with Secondary Unit
Two-Family Dwelling
Multifamily Dwelling
58 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.101G D-LM LAKE MERRITT STATION AREA DISTRICT ZONES REGULATIONS Sections:
17.101G.040 Permitted and conditionally permitted facilities.
17.101 G.050 Property development standards.
17.101G.040 Permitted and conditionally permitted facilities.
Table 17.101 G.02: Permitted and Conditionally Permitted Facilities Facilities Additional
Regulations
Zones
D-LM-1 D-LM-2 D-LM-3 D-LM-4 D-LM-5
Residential Facilities
-0-1) -0-1)One-Family Dwellings -0-1) -0-1) (L1) 17.103.080 One-Family Dwelling
with Secondary Unit
^6) 17.403.080
P(L6)Two-Family Dwelling P(L5)(L6} P(L5)(L6) P(L5)(L6) P(L5)(L6) 17.103.080 P(L6)Multifamily Dwelling P(L6) P(L6} P{L6} P{L6) 17.103.080 Limitations on Table 17.101G.02:
See Chapter 17,114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted when there is an existing One-Family Dwelling on a lot, subject to the provisions of L1.
Section 17,103.080 and Chapter 17.88.
L5. A Secondary Unit that meets all-requirements set forth in Section 17.103.080 is permitted-in senjunc-tien with an existing Qne-Family Dwelling. Also, a ATwo-Family Dwelling that meets all applicable requirements set forth in the Planning and Building Codes is permitted if it is the result of an approved conversion of an existing One-Family Dwelling.
L6. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.
17.101 G.050 Property development standards.
A. Zone Specific Standards.
Table 17.101G.03: Property Development Standards
Additional
Regulations
Development Standards Zones
D-LM- D-LM-2 D-LM-3 D-LM- D-LM-5
1 4
Design Regulations
59 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Development Standards Zones Additional
RegulationsD-LM- D-LM-2 D-LM-3 D-LM- D-LM-5
1 4
Minimum Ground floor 55% 65% 55% 55% 55% 5
transparency of ground floor
Nonresidential Facilities
Minimum height of ground
floor Nonresidential Facilities
15 ft. 15 ft. 15 ft.15ft. 15 ft. 6
Additional Regulations for Table 17.101G.03:
5. This percentage of transparency is only required for principal buildings that include ground floor Nonresidential Facilities, and only applies to the facade facing the principal street. On all other street facing facades, the requirement is one-half (>2) the standard for the facade facing the principal street. The area of required transparency is between two (2) feet and nine (9) feet in height of the ground floor and must be comprised of clear, non-reflective windows that allow views out of indoor activity commercial space or lobbies. Glass block does not qualify as a transparent window. Exceptions to this regulation may be allowed by the Planning Director for unique facilities such as convention centers, gymnasiums, parks, gas stations, theaters and other similar facilities.
6. This height is required for new principal buildings that include ground floor Nonresidential Facilities, and is measured from the sidewalk grade to the second story floor. 60 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.101H D-CO COLISEUM AREA DISTRICT ZONES REGULATIONS Sections:
17.101H.040 Permitted and conditionally permitted facilities.
17.101H.040 Permitted and conditionally permitted facilities.
Table 17.101H.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
RegulationsD-CO- D-CO- D-CO- D-CO- D-CO- D-CO-
1 2 43 5 6
Residential Facilities
-m
One-Family Dwelling -M) 17,103.080
One-Family Dwelling with 17.103.080
Two-Family Dwelling P (L5) P(L5] C(L5) 17.103.080
P(L5]Multifamily Dwelling P(L5) C(L5) 17.103.080
Limitations on Table 17.101H.02:
L4. See Chapter 17.114 — Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted when there is an existing applicable Residential Facility on a lot, subject to the provisions of Section 17,103.080 and Chapter 17.88.
L5. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units Dwellings.
A. Mini-lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini-Lot PUDs), certain regulations that apply to individual lots in the D-CO Zones may be waived or modified when and as prescribed in Chapter 17.142.
B. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the D-CO Zones, and certain of the other regulations applying in said zones may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.
61 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.101 J - D-OK OAK KNOLL DISTRICT ZONES REGULATIONS Sections:
17.101 J.040 - Permitted and conditionally permitted facilities.
17.101 J.050 - Property development standards.
17.101 J.040 - Permitted and conditionally permitted facilities.
Table 17.101J.02: Permitted and Conditionally Permitted Facilities Zones Additional
RegulationFacilities D-OK- D-OK- ! D-OK- D-OK- D-OK- D-OK- D-OK- s1 2 4 63 5 7 Residential Facilities
One-Family
Dwelling
17.103.08P(L5) P(L5) C(L5) 0
One-Family
Dwelling with
Secondary Unit
-17.103.08P-P G 0
Two-Family
Dwelling
17.103.08P(L5) 0
Multifamily
Dwelling P(L5)
Limitations on Table 17.101J.02:
L5. See Section 17,103.080 and Chapter 17,88 for regulations regarding permitted Accessory Dwelling Units.
1.7.101J.050 - Property development standards.
A. Zone Specific Standards. Table 17.101J.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "—" indicates that a standard is not required in the specified zone.
Table 17.101J.03: Property Development Standards
Additional Regulations for Table 17.101J.03:
11. Section 17.103.080 for regulations regarding permitted Accessory Dwelling Units. Where a Secondary Unit is permitted in the D-QK Zones (i.e., on a residential lot with only one (1) single-family dwelling unft)-the requirements in Section 17.103.080 shall apply. 62 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.102 REGULATIONS APPLICABLE TO CERTAIN ACTIVITIES AND FACILITIES Sections:
17.102.270 An additional kitchen for a single dwelling unit.
17.102.270 An additional kitchen for a single dwelling unit.
No Residential Facility shall be permitted to have both an additional kitchen as provided for in this section and a Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary,residential structure. An additional kitchen for a single primary dwelling unit in any Residential Facility may be permitted, without thereby creating an additional dwelling unit, upon the granting of a Ceonditional Uyse Ppermit pursuant to the Ceonditional tJuse Ppermit procedure in Chapter 17.134, and upon determination that all of the following conditions set forth below exist:
That the additional kitchen will be located within the same residential structure as the existing kitchen and solely constitute an additional service facility for the resident household, family or its temporary guests,
That the additional kitchen will not serve as a basis for permanent habitation of an extra household or family on the premises, or the creation of an additional dwelling unit on the premises.
That the additional kitchen is necessary to render habitable a living area occupied by one or more persons related by blood, marriage, or adoption to the resident family or collective household occupying the main portion of the dwelling unit.
A.
B.
C.
There is no Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary residential structure in addition to along with the D.
proposed additional kitchen.
However, a Ceonditional Uese Ppermit under this Subsection shall not be granted in the RH Zones or the RD-1 Zone if the lot contains two (2) or more dwelling units. 63 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.103 SPECIAL REGULATIONS AND FINDINGS FOR CERTAIN USE
CLASSIFICATIONS
Sections:
Article VI - Residential Facilities
Article VI Residential Facilities
17.103.080 Accessory Dwelling Units in conjunction with One-Family, Two-Family, and Multifamily Dwelling with Secondary Unit Residential Facilities.
17.103.080 Accessory Dwelling Units in conjunction with One-Family, Two-Family, and Multifamily Dwelling with Secondary Unit Residential Facilities.
The following regulations shall apply to the construction, establishment, or alteration of SecondaryAccessory Dwelling Units (ADUs). as those dwelling unit types are defined in Chapter
17.09: wherever permitted, as-specified in each individual zone:
A. Regulations Applying to All SecondaryAccessory Dwelling Units.
1. shall be granted ministerial approval when it complies with all applicable zoning regulations, including but not limited to all provisions in this Section (17.103.080) and in Planning Code Chapter 17.88, unless the application is part of a proposal that separately requires discretionary review: in which case, the review time for the ADU application can be extended to coincide with the review time of the associated discretionary permit.
ZOccupancy Requirement No Short-Term Rental of ADUs. Occupancy Rental of an ADU Secondary Unit shall only be for a terms of longer than thirty (30) consecutive days, or longer basis-only.
3. Sale of Unit. An Secondary Accessory Dwelling Unit shall not be sold separately from the on the same lot unless otherwise
permitted under State law.
4. Replacement Parking Configuration. If a covered parking space structurejs removed :, no replacement parking is
required, any required replacement parking may be located in any configuration (including covered, uncovered, tandem or mechanical lift). For this section to apply, the applicable covered parking structure must have a solid roof, supported with columns: and must be legally existing. Uncovered parking spaces that are required for the primary Residential Facility in the underlying zone must be maintained or replaced, subject to the location and paving restrictions set forth in the Oakland Planning Code. Required replacement parking spaces may be tandem, as set forth in Section 17.116.240.A. §r Fire Sprinklers. A Secondary Unit shall not be required to provide fire sprinklers if they are not required for the existing One-Family Dwelling Facility-on the same lot.
5. Compliance with all Code and Permit Requirements Imposed by other Applicable City Departments. Building and Fire Codes.-Unless specified otherwise in local code or State law, an Accessory Dwelling SecondaryJJnit shall comply with all code and permit 64 EXHIBIT A: Proposed Amendments to the Oakland Planning Code requirements imposed by other applicable affected Ceitv departments, including but not limited to the requirement for a building permit.
6. Permitted Locations for ADUs. Subject to restrictions set forth in Chapter 17.88 and Section 17.103.080(A)(8) of this Chapter. ADUs are permitted on lots in zoning districts that permit Permanent Residential Activities, and in conjunction with an existing or proposed primary Residential Facility,
7. Restriction of ADUs in Certain Locations Based on Traffic Flow and Public Safety.
See Chapter 17.88 for limitations on ADUs in the S-9 Fire Safety Protection Combining Zone.
Development of ADUs is restricted with certain exceptions specified in Chapter 17.88 to one (1) interior conversion Category One ADU within the existing envelope of a primary structure or one (1) JADU per Single Family, Two Family or Multifamily lot. See the S-9 Fire Safety Protection Combining Zone Map Overlay (“Overlay Zone”) Map to determine if the lot where the ADU is proposed is within the S-9 Zone.
8. Kitchens. Each ADU and JADU shall have a kitchen that is independent from the primary Residential Facility, and includes all of the following: a sink, cooking facility with appliances, a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the dwelling unit. A JADU is required to contain at least an efficiency kitchen, which shall include a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
9. Entrance for ADU and JADU. A separate exterior entrance that is independent from the primary Residential Facility is required for each ADU and JADU. An exterior stairway proposed to serve an ADU or JADU on a second story or higher shall not be visible from the front public right-of-way.
10. Objective Design Standards for Structures Rated “A”, “B” or “C” by the Oakland Cultural Heritage Survey.
a. Attached and detached Category Two and/or converted Category One ADUs located at the front or side of a main building and visible from the front public right-of-way shall incorporate the same roof pitch, visually matching exterior wall material, and predominant door and window trim, sill, recess, and style as the primary dwelling structure, with an option of approving different finishes or styles through the Small Project Design Review process as set forth in Section 17.136.030. ADUs of these types that are located to the rear of a main building are not subject to this design standard or alternative review process.
b. Attached or detached garages located to the front or side of a main building and converted to ADUs shall replace the garage doors with visually similar exterior wall materials, building color(s), and door and window trim as the primary Residential Facility, with an option of approving different finishes or styles through the Small Project Design Review process as set forth in Section 17.136.030. Attached or detached garages located to the rear of a main building and converted to ADUs are not subject to this design standard or alternative review process.
11. Balconies and Decks. Category Two ADUs and Category One ADU conversions that include expansion of existing building envelope shall not contain upper story balconies, decks, or rooftop terraces if the proposed elements do not meet the established reguirements of the underlying zone.
65 EXHIBIT A: Proposed Amendments to the Oakland Planning Code
12. Landscaping Standards. One (1) new tree of fifteen (15) gallon or larger root ball size shall be planted anywhere on the lot or within the right-of-way in front of the site for Category Two ADUs with floor area size between five hundred (500) square feet and nine hundred ninety-nine (999) square feet. Two (2) new trees of fifteen (15) gallon or larger root ball size each shall be planted anywhere on the lot or within the right-of-way in front of the site for Category Two ADUs with floor area size between one thousand (1,000) square feet and twelve hundred (1,200) square feet. For trees outside the right-of-way, the tree must be a drought tolerant species. Trees within the right of wav must be approved by the Department of Public Works and must conform with the Tree Division’s requirements.
13. National. California, or Local Register Properties and Districts. For ADUs proposed for a Local. California and National Register Property as defined in Section 17.09.040, the following shall apply:
a. Placement of an ADU in front of a main building on a Local, California and National Register Property is only allowed if the lot conditions or requirements preclude an ADU of a minimum allowed size (established by Tables 17.103.01 and 17.103.02') anywhere else on the lot.
b. Any new attached or detached ADU on a Local. California, and National Register Property shall be located in the following order of preference:
i. First, behind the main structure;
ii. Next, to the side of the main structure:
iii. Last, in front of the main building.
c. A consultation with Historic Preservation Staff is required for Category One and/or Category Two ADUs on a Local. California and National Register Property visible from the public right-of-way. Such consultation shall not preclude the need for ministerial approval of an ADU that meets the standards of Government Code section 65852.2(e). The Planning Director or his or her designee is authorized to develop objective design standards for the development of ADUs in historic districts or on a Local. California and National Register Property to ensure preservation of historic resources.
14. Mini-Lot Planned Unit Developments (Mini-Lot PUDs). ADUs proposed on Mini-Lot Planned Unit Developments (Mini-Lot PUDs) must comply with requirements of Chapter
17.142 and Section 17.103.080.
15. Planning Code Amnesty and Enforcement Delay of Building Code for ADUs that Do Not Have Prior Planning or Building Approval.
a. Existing Accessory Dwelling Units built and occupied without prior Planning or Building approval shall be referred to in this section as ''Unpermitted Accessory Dwelling Units." b. The owner of an Unpermitted Accessory Dwelling Unit has a right to request: (1) amnesty from any violation of a zoning standard under the Planning Code if the Unpermitted Accessory Dwelling Unit was established and occupied prior to January 1, 2021; and (2) delay in enforcement of the Building Code, and local amendments thereof, as adopted under O.M.C. Title 15 if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section.
66 EXHIBIT A: Proposed Amendments to the Oakland Planning Code c. The Planning Code amnesty and enforcement delay programs provided in this Section are available to any property owner whose Unpermitted Accessory Dwelling Unit meets the program requirements provided within this Section.
d. Until January 1,2030, any notice to correct a violation of any provision of the Planning or Building Code building standards pursuant to Oakland Municipal Code (Q.M-C.) Titles 15 or 17 that is issued to an owner of an Unpermitted Accessory Dwelling Unit built before the effective date of this Section shall contain a statement that the owner of the Unpermitted Accessory Dwelling Unit has a right to request: (1) amnesty from any violation of a zoning standard under the Planning Code that would preclude the preservation of an Unpermitted Accessory Dwelling Unit that was established and occupied prior to January 1,2021: and (2) delay in enforcement of the Building Code, and local amendments thereof, as adopted under O.M.C. Title 15 if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section. Said notice shall also inform the owner that any penalties arising out of any zoning or building violations shall be waived leading up to the zoning amnesty and during the term of the Building Code enforcement delay. The applicant shall bear the burden of proof in establishing the date when the Uanpermitted Accessory Dwelling Unit was established and occupied for the Planning Code amnesty program, or when the building was built for the Building Code enforcement delay. e. The owner of an Unpermitted Accessory Dwelling Unit that can provide suitable proof that said unit was established and occupied prior to January 1,2021 may, in the form and manner prescribed by the Planning and Building Director or his or her designee, submit an application to the Planning and Building Director or his or her designee reguesting that the Uonpermitted Accessory Dwelling Unit obtain amnesty from any violation of the City’s zoning standards that would preclude the preservation of the Uonpermitted Accessory Dwelling Unit. In addition, the owner of said unit may also reguest delay in enforcement of a Building Code violation if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section. The Building Code enforcement delay shall be for a period of no more than five (5) years on the basis that correcting the violation is not necessary to protect the public health and safety,
f. The applicant’s amnesty reguest to resolve violations of zoning standards shall be processed as specified in Planning Code Chapter 17.136, but shall not be available to Uonpermitted Accessory Dwelling Units: (1) that are located in the City’s S-9 Zone; or (2) where the owner cannot establish that the Unpermitted Accessory Dwelling Unit was established and occupied prior to January 1,2021,
g. The Planning and Building Director or his or her designee shall grant the owner’s Building Code enforcement delay reguest if the Planning and Building Director or his or her designee determines that correcting the Building Code violation is not necessary to protect the public health and safety. In making this determination, the Planning and Building Director or his or her designee shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Government Code Section 13146.
h. The Planning and Building Director or his or her designee shall not approve any applications for the Planning Code amnesty reguest or Building Code enforcement delay on or after January 1, 2030, However, any Building Code enforcement delay that was approved by the Planning and Building Director or his or her designee before January 1, 67 EXHIBIT A: Proposed Amendments to the Oakland Planning Code 2030 shall be valid for the full term of the.delay that was approved at the time of the initial approval of the application.
i. Any Building Code enforcement delay shall remain in effect no later than January 1, 2035, and as of that date is repealed.
B. Property Development Standards applying to One-Family ADUs Table 17,103.01 below describes the property development standards which apply to the specified types of One-Family ADUs. The different types of ADUs are defined in Chapter 17,09. The number designations in the "Notes" column refer to the regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified ADU type, Table 17.103.01: Property Development Standards applying to One-Family ADUs. 68 EXHIBIT A: Proposed Amendments to the Oakland Planning Code NoteTypes of One-Family ADUs
s
Development One-Family ADU One-Family ADUJunior ADUStandards Category 1 Category 2 Maximum 11 per lot 1 per lotNumber
Must meet, at a Must meet, at a 2Minimum Size
(in square feet
rsf.1 Floor
Area
minimum.
Efficiency Unit
minimum, Must meet, at a minimum.
Efficiency Unit Building CodeEfficiency Unit
Building CodeBuilding Code Standards
Standards Standards
Conversion of 3
Attached
Structures: 50% of
floor area of
primary residence
or 850 sf,,
whichever is
greater, but shall
not exceed 1,200
For detached:
850 sf. for studio or 1-
bedroom,
1,000 sf. for 2-bedroom or
more
Maximum sf.500 sf.Size For attached:
Whichever is greater:
(A) 850 sf. for studio or 1-
bedroom, and 1,000
sf. For a 2-bedroom or
Interior Conversion:
size is limited by
the existing building
more; or
(B) 50% of floor area of
primary residence, but
envelope, but shall
not exceed 1,200sf.
shall not exceed 1.200
sf.
Expansion for 4Maximum allowed =N/AEgress and
Ingress
N/A150 sf.
The minimum area 5
necessary to
accommodate oneExpansion for N/A (11 ADU with
footprint of up to
800 sf. and up to 16
N/ASmall Lots
feet high. See note.
69 EXHIBIT A: Proposed Amendments to the Oakland Planning Code NoteTypes of One-Family ADUs
ADevelopment One-Family ADU One-Family ADUJunior ADUStandards Category 1 Category 2 The height shall not exceed
20 feet unless the ADU meets
6,L
8 the setback requirements of
the underlying zone.
In this case, the maximum
height is controlled by the
underlying zoning district
regulations, but in no case
shall the maximum height be
less than 16 feet.
Established by the
development
standards of the
underlying zoning
Maximum N/AHeight
district
4 feet or the regularly
reguired setback, whichever
7, 8
Side and Rear is less, but in no case shall
the setback be less than 3
feet from the side or rear lot
N/A N/ASetbacks
line;
Established by the development standards of the underlying zoning district, except when lot conditions preclude creating one ADU of no more than 800 sf. and no more than 16 feet in height anywhere else on
7. 8
Front Setback
the lot
New ADUs must be consistent with the regulations contained in the underlying zone, except the following shall be permitted regardless of these reguirements:
7. 8
Lot Coverage.
Rear Setback
Coverage.
Floor Area (A) One JADU; and
(B) One ADU of no more than 800 sf. that is no more than 16 feet inRatio (FARf height with at least 4 foot side and rear yard setbacks Open Space No hew open space reguired. . 7, 8
None reguired if located: a) within 14-mile walking
distance of public transit: bt on any lot within a City of Oakland Area of Primary Importance (API) or
Secondary Importance (ASh, as defined in the
General Plan's Historic Preservation Element: c) in
8. 9
Parking for None Reguired areas where parking permits are reguired but not offered to occupants of ADUs: or d) where there isADU
a carshare vehicle within one block of the ADU.
Otherwise: One (1) space per ADU, which can be
tandem
Owner must occupyOwner
Occupancy the JADU or the N/A N/A
primary residence
70 EXHIBIT A: Proposed Amendments to the Oakland Planning Code NoteTypes of One-Family ADUs
A
Development One-Family ADU One-Family ADUJunior ADUStandards Category 1 Category 2 May have private
bathroom; or
bathroom facilities
may be shared with
10 Bathroom Must contain their own private bathroom facilities. the primary
Residential Facility.
Notes for Table 17.103.01:
1. A Category One or Category Two ADU may be combined on the lot with one JADU.
However, a lot may not contain both a Category Two ADU and a Category One ADU. A lot with a One-Family Facility may only contain two ADUs if one is a JADU.
2. At least a minimum square-footage that permits an Efficiency Dwelling Unit as defined in the California Building Code.
3. The maximum size is inclusive of any allowed expansion of existing building envelope of up to one hundred and fifty (1501 square feet for the purpose of ingress and egress.
4. If the ADU requires an expansion of up to one hundred and fifty (150) square feet for the exclusive purpose of accommodating ingress and egress to the ADU, such expansion may not: (a) encroach on front setbacks established by the underlying zone; (bl encroach within four-foot side and rear setbacks, except in certain circumstances, as described in Note #7 for Table 17.103.01; and (cl exceed a height of sixteen (16) feet, except if the underlying zone permits, as described in Note #6 and #7 for Table 17.103.01.
5. An existing accessory structure can be expanded or replaced beyond one hundred and fifty (1501 square feet of its existing footprint for the purpose of creating a Category One ADU with the following requirements: 1) the accessory structure was legally existing; 2) the ADU is no greater than eight-hundred (8001 square feet; 31 the proposal is on a lot that is either no greater than three thousand (3,0001 square feet in size or no greater than thirty-five (351 feet in lot width mean; and 41 the addition has a height of no more than sixteen (161 feet.
The expansion beyond the existing accessory structure footprint is not limited to one hundred fifty (1501 square feet and does not need to be for the exclusive purpose of ingress or egress.
6. This allowance is only for ADUs located behind the primary building. If Category Two ADU is proposed in front of or on the side of a primary structure, the maximum height is sixteen (161 feet. Notwithstanding, in the S-9 Zone, maximum ADU height is capped at sixteen (161 feet.
7, For an ADU expansion for ingress and egress, such expansion shall comply with the existing zoning district setback and height requirements unless the ADU is a Category 2 ADU that: al meets the required side and rear setbacks of four (41 feet or the regularly required setback, whichever is less, but in no case shall be less than three feet from the side or rear lot line, bl has a height of not more than sixteen (161 feet, and cl has a floor area not more than eight hundred (8001 square feet.
71 EXHIBIT A: Proposed Amendments to the Oakland Planning Code
8. One-Family Category One ADUs and JADUs are allowed even if the existing facility to be converted or rebuilt does not meet the underlying zone's current development standards. such as height limits, floor area ratios, lot coverage or setbacks.
9. For replacement parking regulations, see 17.103.080(A')(4).
10. If JADU shares bathroom with the primary Residential Facility, an internal connection must be provided.
C. Property Development Standards applying to ADUs for Two-Family and Multifamilv Facilities
Table 17,103.02 below, describes the property development standards, which apply to the types of ADUs permitted with Two-Family and Multifamilv Facilities. The different types of ADUs are defined in Chapter 17.09, The number designations in the "Notes" column refer to the regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified ADU type.
Table 17.103.02: Property Development Standards applying to Two-Family and Multifamilv ADUs
Types of Two-Family and Multifamilv ADUs Notes
Two-Family and Two-Family and Two-Family andDevelopment Multifamilv ADU Multifamilv ADU Category 2
Multifamilv ADUStandards Category 1 Category 3
1 or up to 25% of
existing units
whichever is greater
per two-family or
multifamilv building
Only 1 per lot.
Precludes
creation of anyMaximum No more than 2 per 1.2Number lot other ADU 3Minimum Size Must meet, at a minimum. Efficiency Unit Building Code (Floor Area) Standards
850 sf. for studioFor Interior
Conversion: size is or one-bedroom:
1.000 sf. for 2-
bedrooms or more
850 sf. for studio or
one-bedroom: 1,000
sf. for 2-bedrooms
limited by theMaximum Size 4existing building
envelope, but shall
not exceed 1.200 sf.
or more
The height shall not Established by the
development
standards of the
underlying zoning
exceed 18 feet
unless the ADU
meets the setback
reguirements of the district
underlying zone. In
this case, the
maximum height is
controlled by the
underlying zoning
district regulations,
but in no case the
maximum height
shall be lower than
Established by baseMaximum Height 5zone
16 feet.
72 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Types of Two-Family and Multifamilv ADUs Notes
4 feet, or the regularly required setback, whichever is less, but in no case shall be less than 3 feet from the side or rear lot line.Side and Rear Setbacks 5
For Internal: N/A
New ADUs must be
consistent with the
regulations
contained in the
underlying zone,
except up to two
ADUs are permitted
if they do not
exceed 800 sf each
shall be permitted
regardless of these
reguirements.
Lot Coverage,
Rear Setback
Coverage
N/A N/A 5
Established by the
development
standards of the
underlying zoning
district, exempt to
create one ADU of
Established by the development standards
of the underlying zoning district, exempt if
lot conditions preclude creating two ADUs
of no more than 800 sf. and no more than
16 feet in height anywhere else on the lot
Front Setback
no more than 850
sf.
New ADUs must be
consistent with the
regulations
contained in the
underlying zoning
district, except to
establish one or two
Category Two ADUs
Must be
consistent with the
regulations
contained in the
underlying zoning
district, except to
establish one
ADU of no more
Floor Area Ratio N/A 5(FAR)
of no more than 800 than 850 sf.sf.
No new open
space reguired.
However, reguired
No new open space
reguired. However,
reguired open space
for existing units, as
established by the
underlying zoning
district, must be
maintained, except
to establish one or
open space for
existing units, as
established by the
underlying zoning
district, must be
maintained,
except to
establish one
ADU of no more
Open Space N/A
two ADUs of no
more than 800 sf.
than 850 sf. ineach-
total footprint.
73 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Types of Two-Family and Multifamilv ADUs Notes
One (1) space; OR none if located: a) within 1/2-mile walking distance of public transit; b) on any lot within a City of Oakland Area of Primary Importance (API) or Secondary Importance (ASI), as defined in the General Plan’s Historic Preservation Element; c) in areas where parking permits are required but not offered to occupants of ADUs; or d) where there is a carshare vehicle within one block of the ADU.
Parking for ADU 6
Owner
Occupancy Not required
Bathroom Each unit must have a private bathroom.
Notes for Table 17.103.02:
1. All calculations that result in a fractional number shall be rounded up to the nearest whole number. A lot may contain both Category One and Category Two ADUs. If a Category Three ADU is created by converting any portion of existing habitable space and/or creating an addition to create an ADU of no more than 850 square feet, no other ADU types shall be allowed anywhere on the lot.
2. Non-habitable or non-livable space does not include detached accessory structures. existing residential units, commercial space, community rooms, gyms, laundry rooms or any other finished spaces that are meant to be occupied by people and used communally.
3. At least a minimum sguare footage that permits an Efficiency Dwelling Unit as defined in the California Building Code.
4. Category Two ADUs must meet lot coverage and open space reguirements set forth in this table.
5. Two-Family and Multifamilv Category One ADUs' are allowed even if the existing space to be converted or rebuilt does not meet the underlying zone’s current development standards, such as height limits, floor area ratios, lot coverage or setbacks. This allowance is only for ADUs located behind the primary building in its rear yard. If Category Two ADU is proposed in front or side of a primary structure the maximum height is sixteen (16) feet. Notwithstanding, in the S-9 Zone, maximum ADU height is capped at sixteen (16) feet.
6. For replacement parking regulations, see 17.1Q3.08Q(A,)(4'). 74 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Existing-Detached Accessory Structure.
4^ Definition. Category-One Secondary Units are those that are located entiroly-within a One- Family Dwelling Facility or detached accessory structure that was legally in existence prior to January 1, 2017; and involve no expansion of the existing building envelope. Qther defining characteristics of Category One-Secondary Units are; a) independent exterior access from the existing One-Family Dwelling-Facility, and b) existing side and rear setbacks sufficient fer fire safety.
—Exemption from- Nonconformity Regulations. An application for a Gategory One Secondary Unit shall be granted ministerial approval when it is entirely within the building envelope of a One-Family Dwelling Facility or detached accessory structure that was legally in existence prior-to January-1, 2017, regardless of the normally required-prohibition en residential living quarters within a detached accessory structure located in a minimum Yard or Court in Subsection K.-of Section 17.108.130; and regardless of-any existing nonconformity as te-setback or-height of the detached accessory structure or primary dwelling faeilityr
2-.—Utility-Connections. A new or separate-utility connection shall not be required directly between a Category One Secondary Unit-and the utility, and no-related connection feo or capacity charge shall be required.
4-.—Parking. Regardless of any provisions te- the contrary in the applicable individual zone regulations and in Chapter 17.4-1-6, no additional parking shall be required fora Category One Secondary Unit.
Q-.—Category Two: All-Other Secondary Units.
4-.—Definition. Category-4~-wo Seeendary Units are those that: a) are not entirely within the building envelope of a One-Family Dwelling Facility or detached accessory structure that was legally-in existence prior to January 1, 2017; and b)-involve either construction of a new structure, or an exterior addition to an existing structure. 2-.—Maximum Permitted Floor Area. The floor area of a Gategory Two Secondary Unit shall not exceed eight hundred (800) square feet or seventy-five percent (75%) of the floor area of the primary dwelling unit, whichever is less.
Si—Required Parking. Except as specified in Subsection a. below, the minimum parking requirements for a Category Two Secondary Unit shall be as prescribed in the applicable individual zone regulations and-in Chapter 17.116.—Tandem parking may be permitted according to tho regulations in-Section 17.4-16.240.
a-.—Secondary Units that are located on sites-within: (i) one-half (1/2) mile of a public Transit Stop; (ii) an Area ef- Primary Importance (-API) or Area of Secondary Importance (ASI), as defined in the Historic Preservation Element of the General Plan; (iii) an area where on-street parking-permits are required but-not offered to the occupant Of a Seeondary Unit; or (iv) one (1) blosk-of a dedicated car share parking spaceshall have no additional parking requirement. 4i—Setbacks. Except as specified in Subsections a. and b-.- belowr the minimum setback requirements for a Category Two Secondary Unit shall be as prescribed in the applicable individual zone regulations:
75 EXHIBIT A: Proposed Amendments to the Oakland Planning Code a-.—A detached-Category Two Secondary Unit that conforms to the-provisions in Subsection U. of Section 17.108.130 is allowed to project into or locate within the minimum side or rear yard, but ne-eloser than four (4) feet from the side or rear lot line, and only- if the facility also conforms to thefollowing restriction in the first paragraph of Section 17.108.130:
h-----In no case shall more than fifty percent (50%) of the horizontal area of any required minimum rear yard be covered by facilities,- other than trees, that extend more than six-(6) feehabove grade.
&—A Category Two Secondary Unit located-above a garage and conforming with maximum height and all other applicable regulations shall not be-required te have a side or rear setback of more than five (5) feet.
—Emergency Access—Multiple-Vehicular Outlets. A Category Two Secondary LMt-shall only be permitted on a lot which-has frontage on a through street, or a dead-end street that has a total length of less than six hundred (600) feet. For the purposes of this Subsection, the total length of a dead-end street shall be the distance from the intersection with the nearest through street to the farthest opposite end of the street right-of-way, or private access easement (as defined by Section-16.32.040 of the Oakland Municipal Code) if the private assess easement is connected to said dead-end street-.
only be permitted if all streets connecting the lot to the nearest arterial street (as designated by the City of Oakland General Plan Land Use and Transportation Element) have a minimum pavement width of at least twenty (20) feet.
7t Architectural Compatibility. A Category Two Secondary Unit-shall be clearly subordinate te-the primary dwelling unit in size and, location. Also, the exterior materials of a Category Two Secondary Unit shall match or be visually compatible with-that of the primary dwelling unit, including the siding material, roof shape and/or pitsh, roofing material; trim material and design-,-and window types.
Sr Review Proeedure.-An application for a Category Two Secondary Unit shall be-granted ministerial approval within one hundred twenty (120) days of receipt upon confirmation of compliance with all applicable zoning regulations, including but not limited-to, all previsions in this Section.
Sr- Utility Connections-If a new or separate utility connection is required directly between a Category Two Secondary Unit and the utility, the related connection fee or capacity-sharge must be proportional to the burden-of the Secondary-Unit upon the water or sewer system. 76 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.108 GENERAL HEIGHT, YARD, AND COURT REGULATIONS Sections:
17.108.080 Minimum side yard opposite living room windows.
On each lot containing Residential Facilities with a total of two (2) or more dwelling Mno units, excluding any permitted Accessory Dwelling Units, except in the case of a One-Familv Dwelling with Secondary Unit, a side yard with the minimum width prescribed hereinafter shall be provided opposite any legally required window of a living room in a Residential Facility wherever such window faces any interior side lot line of such lot, other than a lot line abutting an alley, path, or public park. The side yard prescribed by this Section is not required on other lots or in other situations. Such yard shall have a minimum width of eight (8) feet, plus two (2) feet for each story at or above the level of the aforesaid window; provided, however, that such side yard width shall not be required to exceed ten percent (10%) of the lot width in the RU-3, RU-4, RU-5, R-80, CN, CC, C-40, C-45, CBD, D-LM, D-CO, S-1, S-2, S-15, and D-KP Zones and fifteen percent (15%) of the lot width in all other Zones, except that in no case shall such side yard width be less than five (5) feet. The side yard required by this Section shall be provided opposite the legally required window and opposite that portion of the wall containing such window, or of any extension of such wall on the same lot, for a distance of not less than eight (8) feet in both directions from the centerline of such legally required window, and at and above finished grade or the floor level of the lowest story containing such a window, whichever level is higher. Such yard shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section
17.108.130.
17.108.120 Minimum court between opposite walls on same lot.
On each lot containing Residential Facilities with a total of two (2) or more dwelling tivim units, excluding any permitted Accessory Dwelling Units, except in the case of a One-Familv Dwelling with Secondary Unit, courts with the minimum depths prescribed below shall be provided in the cases specified hereinafter between opposite exterior walls, or portions thereof, of the same or separate buildings on such lot. Courts are not required on other lots or in other situations. The aforesaid walls shall be considered to be opposite one another if a line drawn in a horizontal plane perpendicularly from any portion of any of the legally required windows referred to hereinafter, or from any point along the wall containing such window, or any extension of such wall on the same lot, on the same story as and within eight (8) feet in either direction from the centerline of said legally required window, intersects the other wall. The courts required by this Section shall be provided opposite each of the legally required windows referred to hereinafter and along the wall containing such window, and along any extension of such wall on the same lot, for not less than eight (8) feet in both directions from the center line of such legally required window, and at and above finished grade or the floor level of the lowest story containing such a window, whichever level is higher. Such courts shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130.
17.108.130 Exceptions to required openness of minimum yards and courts.
Every part of each required minimum yard and court shall be open and unobstructed from finished grade, or where applicable from such other specified level at which the yard or court is required, to the sky except for the facilities allowed in the yard or court by the following table.
Furthermore, in no case shall more than fifty percent (50%) of the horizontal area of any required 77 EXHIBIT A: Proposed Amendments to the Oakland Planning Code minimum rear yard be covered by any facilities, other than trees and Accessory Dwelling Units in conformance with all requirements in Section 17.103.080, which extend more than six (6) feet above the level at which the rear yard is required. Wherever a yard is required only for a particular facility, it may be provided at the level of the lowest story containing such facility; provided that where such facility is a Residential Facility, such level shall be that of the lowest story, or portion thereof, containing any living unit. Where the height of facilities within minimum yards or courts is not specifically further limited by the following table, the facilities shall conform to the regular height restrictions, if any, applicable to facilities where they are located. Facilities within minimum yards and courts shall also be subject to any applicable exceptions allowed for Nonconforming Uses in Chapter 17.114, Secondary Accessory Dwelling Units in Section 17.103.080, and screening requirements or other controls prescribed by the buffering regulations in Chapter
17.110; or by the pertinent development control maps or individual zone regulations, which in some zones require that minimum front yards, or side yards on the street side of a corner lot, be landscaped.
Facilities Allowed Projection Into or Location Within Minimum Required Yard or Court, Subject to the Further Restrictions Indicated in This Section's First Paragraph (Blanks indicate that facility is not allowed.)
Side Yard
Along Interior
Side Lot Line
Front
Yard
Side Yard on
Street Side of
Corner Lot
Rear Yard (But see
coverage limit in first
paragraph.)
Court
U. Detached
Secondary Units
Category Two
Accessory Dwelling
Anywhere in above yards that meet the criteria of Section 17.103.080, and if newly constructed, the facility is located at least six (6) feet from the primary dwelling unit on the lot. This reguirement shall not apply if it Units . that the facility was legally in existence prior to January 1, 2017; or in other cases if:
1. tThe facility is located-at least six (6) feet from the primary dwelling unit on the-lot., and is net-located closer than four (4) feet from the side or rear lot line; and
2. The wall height of the facility within four (4) feet of the side or rear lot line does not exceed ten (10) feet in height to the top of the plate above finished grade. In areas greater than four (4) feet from the side or rear lot line but within a required yard, the wall height of the facility may only extend above ten (10) feet the extent necessary to allow gable ends, dormers, sheds, or similar roof elements, with any shed roof sloping down toward the lot line facing the longest fagade; and •
3. The roof height, for roofs with a maximum 8 in 12 slope, does not exceed fourteen (14) foet above finished grade, except-for incidental decorative-features or minor-appurtenances such as flues. 78 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.110 BUFFERING REGULATIONS
Sections:
17.110.020 General buffering requirements—Residential and S-1, S-2, S-3, S-15, D-CO-1, and OS Zones.
17.110.020 General buffering requirements—Residential and S-1, S-2, S-3, S-15, D-CO-1 and OS Zones.
The following regulations shall apply in all Residential Zones and in the S-1, S-2, S-3, S-15, D-CO-1, and OS Zones, and are in addition to the provisions set forth in Section 17.110.040:
A. Screening and Setback of Open Parking and Loading Areas. The following requirements shall apply in said zones to all open off-street parking areas located on any lot containing three (3) or more independent parking spaces, except in the case of a One-Family and to all open off-street loading
areas on any lot:
C. Control on Artificial Illumination of Parking and Loading Areas. Artificial illumination of all off-street parking areas located on any lot containing three (3) or more parking spaces and all off-street parking areas, and of driveways related thereto, except in the case of a from all abutting lots and from any on-site residential living units so as to eliminate objectionable glare.
79 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.114 NONCONFORMING USES
Sections:
Article III Nonconforming Facilities
17.114.110 Nonconforming Facility—Allowed alterations.
A. When Occupied by Conforming Activity. Except as otherwise provided in Section 17.114.120, or in Section 17.103.080 for Accessory Dwelling Units in conjunction with an existing One- Family, Two-Family, or Multifamily Dwelling, a nonconforming facility which accommodates or serves a conforming activity may be altered or otherwise changed, and the lot lines of the lot containing it may be changed, in any way which does not create any new nonconformity or increase the degree of any existing nonconforming with respect to any requirement applying to facilities. Any new, relocated, or wholly reconstructed part of a facility shall itself conform to all applicable such requirements. Nonconforming Residential Facilities containing a total of more than one primary dwelling tivtae-unit on a lot, when located in a zone where only one primary dwelling living-unit is permitted on a lot, shall be subject to the requirements generally applying in the RU-2 Zone with respect to side yards opposite living room windows; courts; and usable open space. Nonconforming Nonresidential Facilities which are not themselves permitted facility types in the zone where they are located shall not be increased in floor area or overall outside dimensions^ remove a
nonconformity^, or to be wholly reconstructed with the same floor area and outside dimensions.
80 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.116 OFF-STREET PARKING AND LOADING REQUIREMENTS Sections:
Article I - General Provisions
Article II - Off-Street Parking Requirements
Article III - Reductions in Required Parking
Article IV - Off-Street Loading Requirements
Article I General Provisions
17.116.020 Effect on new and existing uses.
C. New Parking and Loading Provided for New Dwelling Units in Existing Facilities. Except as provided for Accessory Dwelling Units in Section 17,103.080, the conversion of historic facilities in Section 17.116.110(F), additions to historic facilities in Section 17.116.110(G), and fe^the conversion of a building into Residentially Oriented Joint Living and Working Quarters7 as specified in Section 17.102.195, the parking and loading requirements of this Chapter apply to newly established dwelling units. However, additional parking only needs to be provided to the extent that the existing parking does not meet the new total parking requirement.
Article II Off-Street Parking Requirements
17.116.060 Off-street parking—Residential Activities.
A. Minimum and Maximum Parking for Permanent and Semi-Transient Residential Activities.
1. Minimum Parking. Except as otherwise provided in Article III and elsewhere in this Title, the following amounts of off-street parking are required for all Permanent and Semi- Transient Residential Activities when located in the indicated zones and occupying the specified facilities:
Residential
Facility
Type
Zone Total Required Parking
One-Family
Dwelling.
Two (2) spaces for each dwelling unit;
however, when combined with the S-11
Zone, the requirement is one (1) space
per bedroom with a minimum of two (2)
spaces per dwelling unit and a
maximum requirement of four (4)
spaces per dwelling unit.
RH Zones, except when
combined with the S-12 Zone.
CBD, S-2, and D-LM Zones,
except when combined with the
S-12 Zone.
No spaces required.
81 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Residential
Facility
Type
Zone Total Required Parking
S-15 and D-CO Zones, except
when combined with the S-1.2
Zone.
One-half (14)-space for dwelling unit.
Any other zone, except when
combined with the S-12 Zone.
One (1) space for each dwelling unit.
Any zone combined with the S-
12 Zone.
See Section 17.94.040.
One-Family
Dwelling
with
v V IU I
CBD, S-2, and D-LM Zones,
except when combined with the
No additional spaco-required for the
Secondary Unit.
i
Any other zone, except when
combined with the S-11 or S-12
Zone-
One (1) space for the Secondary Unit,
except that no parking shall be required
if located-as specified in Section
47.103.08Qt
Unit
Any zone combined with the S
11 Zone-
One (1) space for oaeh bedroom in the
Secondary Unit, up to a maximum
requirement of two (-2-) spaces per
Secondary-Unit, except that no parking .
in Section 17.103.080.
Any zone combined with the S
12 Zone-
One (1) space for each bedroom in the
Secondafy-Unit, except that no parking
shall be required if located as specified
in Section 17.103.080.
Accessory
Dwelling
Unit (in
conjunction
with One-
Family, Two-
Family, or
Multifamilv
Dwelling).
CBD, S-2. S-15. and D-LM No additional spaces reguired for the Zones, except when combined Accessory Dwelling Unit.
with the S-11 or S-12 Zone.
Any other zone (including any
zone combined with the S-11 or
One (1) space for each Accessory
Dwelling Unit, except that no additional
parking shall be reguired if located as
specified in Section 17.103.080.
S-12 Zone),
2. Maximum Parking for Permanent and Semi-Transient Residential Activities. No more than the following amounts of off-street parking are permitted for all Permanent and Semi-Transient Residential Activities when located in the indicated zones and occupying the specified facilities:
82 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Residential Facility
Type
Zone Maximum Number of Parking Spaces
One-Family Dwelling. One and one-quarter (1%) parking spaces per dwelling unit.
CBD, S-15, D-LM,
and D-CO Zones.
One-Family Dwelling
with Secondary Unit.
Two-Family Dwelling.
No maximum parking requirement.All other zones.
Multifamily Dwelling.
Mobile Home.
Article III - Exemptions and Reductions in Required Parking
17.116.110 Special parking exemptions and reductions.
The provisions of this Section apply to all facilities and zones in all or specified zones, except One-Family Dwelling, Two-Family Dwelling, or Multifamily Dwelling Residential Facilities located within the S-12 Residential Parking Combining Zone, where the provisions of Section 17.94.040 shall apply.
J. SecondarvAccessory Dwelling Units. No additional parking shall be required for an Accessory Dwelling Secondary Unit if located as specified in Section 17.103.080.
Article IV Off-Street Loading Requirements
17.116.240 Tandem spaces and berths.
No required loading berths shall be tandem. One required parking Space on any lot containing both one (1) unit and fewer than three (3) required off-street parking spaces may be tandem. On any lot containing three (3) or more required off-street parking spaces, or containing required spaces for two (2) or more dwelling units, required parking spaces shall not be tandem, except that:
A. In any zone, tandem parking may be permitted for a One-Family or Two-Family Dwelling Facility with Accessory Dwelling Units, Secondary Unit Residential Facility, unless the City finds that tandem parking is not feasible due to specific topographical conditions.
17.116.300 Parking accommodation requirements for One-Family and Two-Family Residential Facilities.
provisions of this Section may be approved pursuant to the Regular dOesign rReview procedure in Chapter 17.136.
83 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.117 BICYCLE PARKING REQUIREMENTS
Sections:
Article III. Minimum Number of Required Bicycle Parking Spaces
17.117.090 Required bicycle parking—Residential Activities.
17.117.090 Required bicycle parking—Residential Activities.
Type of Activity Long-term Bicycle Short-term Bicycle
Parking Requirement Parking Requirement
Permanent and Semi-Transient Residential Activities occupying the specified facilities:
1) One-Family Dwelling. No spaces required. No spaces required. 2) One-Family Dwelling with Secondary Unit. No-spaces required. . 84 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.124 LANDSCAPING AND SCREENING STANDARDS
Sections:
17.124.020 Required landscape plan for new residential units and certain additions to Residential Facilities.
17.124.020 Required landscape plan for new residential units and certain additions to Residential Facilities.
Submittal and approval of a landscape plan for the entire site is required for the establishment of a new residential unit, excluding -Secondary permitted Accessory Dwelling Units± of-five hundred (500) square feet o^lessi-and for additions to Residential Facilities of over five hundred (500) square feet. The landscape plan and the plant materials installed pursuant to the plan shall conform with all provisions of this Chapter, Title 12 Street, Sidewalks and Public Spaces^and the following:
85 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.136 DESIGN REVIEW PROCEDURE
Sections:
17.136.025 Exemptions from design review.
17.136.040 Regular design review.
17.136.025 Exemptions from design review.
B. Definition. The following types of work are exempt from design review, pursuant to all provisions in Section 17.136.025(A):
1. Additions or Alterations.
d. Except as specified in Section 17.136.030,
that conform . pursuant to all regulations in Section 17.103.080 and Chapter 17,88:
17.136.030 Small project design review.
B. Definition of "Small Project". Small Projects are limited to one or more of the following types of work:
1. Additions or Alterations.
e. Accessory Dwelling Units that: 1) do not conform with objective design standards established by the Planning Director or his or her designee pursuant to Section
17.103.080.A.11 proposed in front or on a side of the primary structure: or 2) were established and occupied without Planning or Building approval prior to January 1, 2021, and request a waiver of any provision of the underlying zoning or applicable development standards that would preclude the preservation of said unit, pursuant to Section 17.103.080.A.15.
17.136.040 Regular Design Review.
A. Applicability. "Regular Design Review" shall apply to proposals that require design review pursuant to the zoning regulations of Title 17 of the Oakland Planning Code, but do not qualify for a design review exemption as set forth in Section 17.136.025, Small Project Design Review as set forth in Section 17.136.030, or Special Project Design Review as set forth in Section 17.136.038. Except as otherwise specified in Section 17.136.038 for Nonresidential Facilities in the D-CO-5, D-CO-6, CIX-1A, CIX-1B, CIX-1C, and CIX-1D Zones, projects requiring Regular Design Review include, but are not limited to, the following types of work:
3. New construction of one (1) or two (2) dwelling units, excluding other than any permitted Accessory Dwelling Units: a Secondary Unit:
4. New construction of three (3) or more dwelling units, or adding units to a property for a total of three (3) or more dwelling units on site, excluding any permitted Accessory Dwelling Units:
8. Exceptions to the parking accommodation requirements for One- and Two-Family Residential Facilities in Section 17.116.300: 17.116.075:
86 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Sections:
Article I - Title, Purposes and Applicability
Article II - Mini-Lot Planned Unit Developments
Article III - Planned Unit Developments
Article I Title, Purposes and Applicability
17.142.002 Title and purposes.
17.142.004 Applicability.
17.142.002 Title and purposes.
The provisions of this Chapter shall be known as the Mini.Lot and Planned Unit Development Regulations. The purposes of these regulations are to:
A. Encourage the comprehensive planning of tracts of land; B. Provide flexibility in the application of certain regulations in a manner consistent with the general purposes of the zoning regulations; and
C. Promote a harmonious variety of uses, the economy of shared services and facilities, compatibility with surrounding areas, and the creation of attractive, healthful, efficient, and stable environments for living, shopping, or working.
17.142.004 Applicability.
These regulations shall apply to all:
A. Mini-Lot Planned Unit Developments (Mini-Lot PUDs) located on a single tract of land of less than sixty thousand (60,000) square feet, and containing lots which do not meet the minimum size or other requirements applying to individual lots in the zone where it is located; and B. Planned Unit Developments (PUDs) located on a single tract of land of sixty thousand (60,000) square feet or more, or on two (2) or more tracts of land equaling sixty thousand (60,000) square feet or more in total which may be separated only by a street or other right- of-way.
Article II Mini-Lot Planned Unit Developments
17.142.010 Definition of Mini-Lot Planned Unit Development.
17.142.012 Basic provisions for Mini-Lot Planned Unit Developments.
17.142.014 Zones in which requirements may be waived for a Mini-Lot Planned Unit Development.
87 EXHIBIT A: Proposed Amendments to the Oakland Planning Code
17.142.016 Maximum size for which requirements may be waived for a Mini-Lot Planned Unit Development.
17.142.010 Definition of Mini-Lot Planned Unit Development.
A Mini-Lot Planned Unit Development (Mini-Lot PUD1 is a comprehensively designed development containing lots that do not meet the minimum size or other requirements applying to individual lots of less than sixty thousand (60,000) square feet in the zone where it is located.
17.142.012 Basic provisions for Mini-Lot Planned Unit Developments.
See Section 17.103.080.A.14 for requirements for ADUs within Mini-Lot Planned Unit Developments (Mini-lot PUDsV Subject to the provisions of this article, the maximum height and minimum yard, lot area, width, and frontage requirements otherwise applying to individual lots may be waived or modified within a Mini-Lot DevelopmentPUD, and floor area, parking, and other facilities may be located within said development without reference to lot lines, upon the granting of a Ceonditional Uuse Ppermit pursuant to the Ceonditional Uwse Ppermit procedure in Chapter
17.134 and upon determination:
1. That there is adequate provision for maintenance of the open space and other facilities within the development; and
2. That except as specified below, the total development meets all the requirements that would apply to it if it were a single lot.
a. ADUs are allowed on individual Mini-Lots that permit Permanent Residential Activities, and in conjunction with an existing or proposed primary Residential Facility. If. however, any shared interest element of a previously approved Mini-Lot development would be modified or impacted by the ADU’s construction, the application shall be considered through a revision of the Mini-Lot PUD permit; in which case, the review time for the ADU application shall be extended to coincide with the review time of the revision.
b. _For the RM-2 Zone in the West Oakland District only (defined for the purposes of this Chapter as all areas between Interstate 980 to the east, Interstate 880 to the south and west, and Interstate 580 to the north), the minimum setback requirements for the total development shall be the same as those in Table 17.17.04 for a single lot less than four thousand (4,000) square feet in size. Also for the RM-2 Zone in the West Oakland District only, the minimum setback requirements for the total development may be further reduced to be the same as those in Table 17.17.04 for a single lot less than three thousand (3,000) square feet in size upon the following additional determination:
i. Excluding the subject parcel, the prevalent size of existing lots in the surrounding block is three thousand (3,000) square feet or less, and the prevalent frontage width along the same block face is thirty-five (35) feet or less. 88 EXHIBIT A: Proposed Amendments to the Oakland Planning Code
17.142.014 Zones in which requirements may be waived for a Mini-Lot Planned Unit Development.
A Ceonditional Uuse Ppermit pursuant to Section 17.142.012 may only be granted in the S- 1 or S-2 Zone, or in any Residential or Commercial Zone other than RH or RD Zones.
17.142.016 Maximum size for which requirements may be waived fora Mini-Lot Planned Unit Development.
Maximum Size for Which Requirements May Be Waived. A Ceonditional Uuse Ppermit pursuant to Section 17.142.012 of this Chapter may be granted only if the total land area of the Mini-Lot Planned Unit Development is less than sixty thousand (60,000) square feet. 89 EXHIBIT A: Proposed Amendments to the Oakland Planning Code Article III Planned Unit Developments
17.142.100 Bonuses.
17.142.100 Bonuses.
For Planned Unit Developments qualifying under Sections 17.142.080 and 17.142.090, the following exceptions to otherwise applicable regulations may be permitted upon the granting of a Planned Unit Development permit pursuant to the Planned Unit Development procedure in Chapter 17.140:
C. Additional Permitted Facilities in RH-4 and RD-1 Zones. In the RH-4 and RD-1 Zones, the following facilities, as described in the use classifications, may be permitted in addition to the facilities otherwise permitted in said zone, provided that at least fifty percent (50%) of the dwelling units in the total development shall be One-Family Dwellings:
1. Residential Facilities:
One-Family Dwelling with Secondary Unit
Two-Family Dwelling
Multifamily Dwelling
D. Additional Permitted Facilities in Other Zones. Except in the RH, and RD-1 Zones, the following facilities, as described in the use classifications, may be permitted in addition to the facilities otherwise permitted in the zone in which the development is located:
1. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit
Two-Family Dwelling
Multifamily Dwelling
Rooming Flouse
2. Nonresidential Facilities:
Open
Drive-In
3. Signs:
Residential
Business
E. Increase in Overall Density or Floor-Area Ratio.
1. Except in the RHT and RD-1 Zones and except in a development incorporating the bonuses specified in Subsection B. of this Section, the maximum overall number of living units in Residential Facilities and the maximum overall Floor-Area Ratio, if any, otherwise permitted or conditionally permitted in the zone in which the development is located may be increased by up to thirty-three percent (33%) if the development contains a combination of two (2) or more of the following dwelling types and if not more than two-thirds (2/3) of the total number of living units are included in any one of such types:
a. Detached buildings each containing only one living unit; 90 EXHIBIT A: Proposed Amendments to the Oakland Planning Code b. Town house or similar One-Family semi-detached or attached buildings each containing only one (1) living unit;
c. Buildings each containing two (2) living units;
d. Buildings each containing more than two (2) living units.
Except in the RHT and RD-1 Zones and except in a development incorporating the bonuses specified in Subsection B. of this Section, the maximum qverall number of living units in Residential Facilities and the maximum overall Floor-Area Ratio, if any, otherwise permitted or conditionally permitted in the zone in which the development is located may be increased by up to twenty-five percent (25%) in a development other than one described in Subsection E.1. of this Section.
2. 91
EXHIBIT A: Proposed Amendments to the Oakland Planning Code Chapter 17.148 VARIANCE PROCEDURE
Sections:
17.148.020 Definition of Major and Minor Variances.
17.148.020 Definition of Major and Minor Variances.
A. Major Variance. A "Major Variance" is a variance which involves any of the following provisions:
4. Maximum Floor-Area Ratio (FAR), except for One-Family Dwellings_, One-Family Dwellings with Secondary Unit, and Two-Family Dwellings; 92 Proposed S-9 Fire Safety Protection Combining Zone Map Overlay Expansion to Streets < 26 Feet in Width and Dead-End Streets of 600 Feet or Longer Within or Adjacent to Cal Fire's Very High Fire Hazard Severity Zone (VHFHSZ *) CITYOFCttKLAND
Planning & Building
Department
October 18, 2021
* CalFire VHFHSZ GIS layer dated 9/3/08 . Index Map
CDCurrem Zoning
Pr° Posed Ex
Pan^ds-90v
vHFHsz
^‘•“NQ
andOead.En 're sa%y Pr
'ree"of600Feet°o^»'"i'ini„ez
^‘re's v
re Hazard
'SZ) nS & Bmicfj
'er^,202l
Map 2
K *
^ 4 V
Curre
y
^tUSjr
nt ^n/ng■O* *7\. * a” v’«*. *«*. *
*»*\. V^^7o;jt'tS *■■.;. 'j
Pro
B
P°sedEx
Pand^s.90v
*•*4 VHFhlSZ
J0ty°foakiand
Feet. 0 500
and o 6 iafety Protect, —ead-End st
///x
Psnsio
Fire's V
n to str
erY High Fi
Sets<26F
reHaz
eeti" Width msi’**<**,20
-♦ . -*-ine^HFHsZ) Pldnni
ne& Buiidi
OctobngDePmmsm
erl*-202i
Map 2
EXHIBIT B
1 | Current Zoning
Proposed Expanded S-9 Overlay
JFeet1‘ ‘ ■ VHFHSZ 0 500
City of Oakland
RH-3/S-10
RH-3/S-10
Proposed S-9 Fire Safety Protection Combining Zone Map Overlay Expansion to Streets < 26 Feet in Width and Dead-End Streets of 600 Feet or Longer Within or Adjacent to Cal Fire's Very High Fire Hazard Severity Zone (VHFHSZ) Planning & Building Department
October 18, 2021
cxtyofcmoand
Map 3
EXHIBIT B
| 1 Current Zoning
Proposed Expanded S-9 OverlayWh%/S-J1
" - - VHFHSZ
@J Feet1^■ J| City of Oa kla n d
M
o 500
• / '-V■ ,fv :*v -V
^ '.'A
mV/
\ «
«■
gfe;: a!
iRH£t/mjsm
* JjwS/sna/s^fT
IS." V'-,
3I-
/ ■«
nf&7s(?{s(T0 '•§
RH‘. N"i _■
■
'i7' *RH07S?9{S?1O>
4*>.
3p'for/*'/
1#-.
vS
HI
'RHWsW§=Wi
Proposed S-9 Fire Safety Protection Combining Zone Map Overlay Expansion to Streets < 26 Feet in Width and Dead-End Streets of 600 Feet or Longer Within or Adjacent to Cal Fire's Very High Fire Hazard Severity Zone (VHFHSZ) Planning & Building Department
October 18, 2021CITY Of OAKLAND
Map 4
EXHIBIT B
Proposed S-9 Fire Safety Protection Combining Zone Map Overlay Expansion to Streets < 26 Feet in Width and Dead-End Streets of 600 Feet or Longer Within or Adjacent to Cal Fire's Very High Fire Hazard Severity Zone (VHFHSZ) Planning & Building Department
October 18, 2021
cnv wcwKtANn
Map 5
CQi
b-i
flOj '•
I/S
><i
0/
V~r
:T: f§ 40$
£
OTli#xxx>x• •' • /• •> s■*,
}f; A .
Xf
xxxyA \W-V-iv,fl
' >
8 " *
- I.*/ ac£ hi
!k&<3XXXXX\
^tSScXv:
ismmmMKpteVS'5
■
\>*r\,XXX'%.v •/. . . .
~^\>X’X<AXX/ ' •/.'-'■■
o fl
•I.& "i*•
7 ft
8 :f r\TV)Ns?sel X$ u.XV. XXX £ >~uI .A..*/ Of
cV. oA- N/i
• vfAfrV 5 •£ 4 l/ 1. 7 5 £
■' ~ 5
i 5
II
—<•v
j?* ■I
i
;XX-X-'X§
AiotviW '
K-3'a-K-.:-7.
r1
/.XfXbXAXX r £\
IV,
00 5 >c
.2 7°
£m £ & ~-
£ <3
kXlXj}-
• f*^Xr,' bxfx’A £..A., JSratW'S v* I i** ■*■■*
/o»°
«i o
o*
K £
. wAX*
. • * ■--^-...#.._,„4
£ *§■
:/V s ?
gi-0
C
O
xr 7 * £ •/:/ .2 £§§o
•Sf./ i I
•**•/ f I.7 <5 -9vf.7 § °
\f. 7 53 s?
Jx £ £vF/ o O
•Jf.f a °
T7 -m £
I m £
r s £'ll £ *
7*;/ 9 c
9 :/ II£/ £ I
j
* j?- tfl
ro ^#j> :# $r
I -o
\vy
"D
•s
I g- [’X
*2? co-g 2I S W o
t & £ o
■.....*.....-.*!:...
/
0 ■ *
J57
U /
to
7S
co
i
a
A,*-to-i
r>t •
:il8'
I
^ J Current Zoning
Proposed Expanded S-9 Overlay
VHFHSZ
atY°f Oakland
^!TYc*(VvxMw
ection Combiand Dead-E n,ng Zone
eet or L°nger Within or
nd Streets Map Overlof 600 F AfWMn, J26 Feet
Manning a Building De(VHFHSZ) partment
October 18, 2021
Map 7
o
isi* O
c 3o oX Co
a: q?*I'D
3" O
fc c,o o
U —I
OX dei/y
feSHJHA)® sU;uue(tJ
3u°zmUdsidS pj
BZeH aj
(§)
OOS
mm*—.
i.
Proposed S-9 Fire Safety Protection Combining Zone Map Overlay Expansion to Streets < 26 Feet in Width and Dead-End Streets of 600 Feet or Longer Within or Adjacent to Cal Fire's Very High Fire Hazard Severity Zone (VHFHSZ) Planning & Building Department
October 18, 2021
CrTYOFCWKlAND
Map 11
CrTYCrOUUANO
Map 12
ST deft
® Su!UUBjd fcSHJHA)
au°ZAl
(§) Oos !d^!HAj
J3 aj 0
PU^EQ
J° <(;q ^
^e/ja 2sHJHa ■ ,
PUed*3p3S0d0Jd - -*0 S-S pa
Su;uo2iUa-Uri3
m
'""law,
VW
’ • 1 v , , _^A'-TO-V/^gs*
EM
Rhf-7
it Y
*6 •• i
T f'-rr/
g&IIBiTm;xy * • c-C%....
•(.*,* •/!■ ^X* 'pyxxy^'H.* ‘/Tp^f^yyyyr^
Jl
* -/j* / * Vy*. V»"\
a
;x*
'£33
ACCESSv;r;:* Ss,
*/fX XiMHXK■K FxV "V ‘^Vr^ *..J
*\J*RH-i h
iof«4 1 y.-.'f1 «.&•
A?%
^XSpSIB
DxS#*™
sy^^£ryn
wwis8o»gwt_- < Ni“LVcr-,
V
V^/
- ’ *y
13 KiXcIX?«-,r'
i4/mm
['
“»--------a
U©@Ks1»'RffOTO7if:
PcvX'*?;-r rJwiP' ' \ v/ . nr o'--* ^.•ssg
TT/* ,-X-^-d
i i Js *'■<■■*’ * *"* * * -AnirP* A^
■; pPP^c" *. ^ ;-;X*: * X ’Ci^^k-'
N^, V'X"'. *-•.•,• .>
r'. - , V OV-4
5P?'Rw'sfs^
v ^TCELlIKPFfR'B^y
*7 7*1.1 jgggStEE'!;;- ^: '^l- kkifftw^■ i- S',
If"
I
EaKSSB
■ i ..............?... r^^x;vXX*f*r7X >sp^ fcos <ny X^nVU* JJ'i-ftiiPV W®SMfea"Hr"j
ikkkkMMkskkk^' §
ss Ui’■u
;■/'"' ' • . i - vm
T'oyn'j-j-SjiiiiME!
„*«»«’ r’.
liiis|if
..,. -,,-xjOT
T*s58pss®£SKSs? ■ •
- ^ _]' ~i ~~n
*m>§- >:x ^=§=±=^:j-§&% *# —•- -*-* J—q:—^--S-rr—*>
.*.*♦*£'
1=X:X'::: ■. .
p^/ ;" \x * * - ,..,
-2. M ! I
5B*SS‘
c &r^,
§2$w.
I
^ /«W-J
K
r !
nserwi«^kS^
uiirisimsonst /-V P—friq % '/ CH}
OTVW °*Ul®
CurremZ°nin
ProPosecj Ex
vHFHsz
*m,"'fatYofOakl
e ,
Panded s-9 Overlay■»j
Ca|fireiv'°S'reets'26Fe —U3TSS
Feet0
®
500
Verity z°n‘(VHFHSZ,
Pl*nning gSeisin
°cto6& 0epsrtnr,ent
erlS.202l
Map 14
O O u
<u ■£0) .bp
*3 X
.3 -y>u> SC
to ira55£ u
Js s
aJ c
> QJU
.£ S
ll
o o u ->
c oo
> «M+-■ q/u
o o
a;
V *6
Ija. -Q
p *D
±
oo
(^T^fnrrri i namzW&tZe&SJAS %AH(f ^=M l:Hr jfefe loa PL 1'M<££{±Q str f|S ^ 1 iii
‘rf If? p|rrm i
■4--:tl$mMg. ^PiPSlilqf i?? PPfi ? f
■ I pfHiifegjp.
*"“ ■ ^-- f^ ; ' Sp f#3
mi
^mjQTnrnTj § g fv
as a
@
41 i_
a «j ns?! 5
18 «I1
QJ
a)u. so
to 03
§
c
SS
^4V:::> O
.2
*.
, 1
m\ ^ i
ttoli 1
T~
nT
ff#j 11 I
Hisf?
v—&A a
V)
w X& '
i\
LL.M X
»T\ >BARNt^itiTirnTiA tE
=uuuwma^
L\ a>c8 >-
X
.4 V"l~
Q-
D o
:*v M
I I ■£■X
11 mrnm.£2wemz
\i \xV
HWil7-flr j “■ 5
VO X
fM <y
^ v ir
\ flJ ^
XP
3Sfc
mi
$ 5
£ x v> >,
S S
C
1 !
%
.TOilinpiuEP _r
Hi
fSPP
tfr
■
tHi
2i
:J ‘AT
?5
r-:
Jm E4
\ K&,
fepppp ill:
usi L $
\§
US
> <\\/•
■/
-n •fc'V;
p/ I *8 t<<P g O^ .2 $
b
fei
A
V
©
uHH o»a>■«-« u.I ;
2 § a. vo
\i >-> 'Jr
A? S S
E« 5«
ssfP: -cpp.ipf&si56^/
^'1; >\*wip!ilv* tE^ - 4 -s ?n '^fete g °
/
PiliiS*%«i;s«Bfs
-' i . '■ ‘~~ nvfr-ft
-A-.?
V
••ii
.-■4 . : i ?? !~' ~) -. 4_ l—l*; -—--, -f~ _ ,
;\\uU i ill/ tr/<s/\i.-f=i^miJkHEj --^4™ tm&rtkj///77?f=gp/^p|Pw f I6
§-csrd
EXHIBIT B
Planning & Building Department
October 18, 2021
Proposed S-9 Fire Safety Protection Combining Zone Map Overlay Expansion to Streets < 26 Feet in Width and Dead-End Streets of 600 Feet or Longer Within or Adjacent to Cal Fire's Very High Fire Hazard Severity Zone (VHFHSZ) cnv of tiwcLANn
Map 18